A petition has been officially submitted to the High Court seeking the removal of Roads and Transport Cabinet Secretary Kipchumba Murkomen from office.
The petition was filed on July 2 by several civil society organisations, including the Katiba Institute, Kenya Human Rights Commission (KHRC), the Independent Medico-Legal Unit (IMLU), and others, who argue that Murkomen is no longer fit to serve in public office due to his controversial “shoot-to-kill” directive.
In a joint statement, the organisations said that the Cabinet Secretary’s comments amounted to incitement to violence and the promotion of unlawful acts, which they argue go against the ethical standards expected of a public official.
They are urging the court to declare that Murkomen has breached the constitutional and ethical requirements of a person holding public office and should, therefore, be removed.
The petition cites a 2022 High Court ruling which ruled that the use of firearms to protect property is not lawful if there are alternative, less harmful means available—especially during peaceful protests. The petitioners argue that Murkomen’s statements directly contradict this ruling and should be considered unconstitutional.
They also claim that his remarks fall under incitement as defined by Article 33 of the Constitution, and demonstrate unethical behaviour as per Article 10 and Chapter Six of the Constitution, which outlines leadership and integrity standards for public officers.
According to the petitioners, Murkomen encouraged the use of unlawful force by police officers and referenced outdated and unconstitutional laws to justify his statements.
They argue that as a Cabinet Secretary, he should have known better and acted in accordance with current legal standards and the Constitution.
The petition further holds Murkomen personally responsible for any injuries or deaths that may occur as a result of police action following his statements, starting from June 26, 2025.
On that day, Murkomen publicly directed police officers to shoot anyone who approaches a police station or poses a threat to an officer’s life, assuring the officers that they would be protected by the government.
His remarks sparked immediate backlash across the political spectrum, with lawyers, human rights activists, and leaders from various political parties criticizing them as dangerous and reckless—especially given the rising number of police-related civilian shootings in Kenya.
In response to the widespread criticism, Murkomen defended himself by saying that his comments had been taken out of context.
He clarified that he was only advising police officers to defend themselves when faced with real threats of serious harm or death and to protect both public property and innocent civilians. However, his explanation did little to calm the storm.
This petition is just one of the legal challenges Murkomen now faces over his controversial statements.
On June 30, a Kenyan citizen also filed a separate petition with the Law Society of Kenya (LSK), requesting that both Murkomen and Deputy President Kithure Kindiki be removed from the roll of advocates.
The petitioner accused both leaders of violating the Constitution and the oaths they took to uphold the rule of law and defend human rights.
As the legal and public pressure mounts, Murkomen is now facing calls not only to step down but also to be held accountable for potentially encouraging the unlawful use of lethal force by state security agents.
Join Gen Z New WhatsApp Channel To Stay Updated On time
https://whatsapp.com/channel/0029VaWT5gSGufImU8R0DO30
