LSK condemns Murkomen’s ‘shoot to kill’ directive as illegal
LSK condemns Murkomen's 'shoot to kill' directive as illegal
The Law Society of Kenya (LSK) has issued a strong condemnation of Interior Cabinet Secretary Kipchumba Murkomen following his directive for police to shoot individuals who pose a threat to officers or attack police stations.
The legal body described the directive as “ultra vires,” “illegal,” and “unconstitutional,” warning law enforcement officers against complying with the order.
In a statement on Friday, LSK president Faith Odhiambo emphasised that the police have no legal authority to act on such instructions.
She also noted that Murkomen himself had distanced his office from any involvement in directing the police to take such drastic action.
“We note that the Cabinet Secretary has no authority under the law to issue such an order,” Odhiambo said.
“Murkomen is on record in the National Assembly Hansard, distancing himself and his office from any involvement in issuing orders to the Inspector General and the National Police Service.”
Odhiambo underlined that the sanctity of the right to life is enshrined in Kenya’s constitution and can only be limited under specific and clearly defined circumstances as prescribed by law.
She warned that any use of excessive force or extrajudicial killings under the guise of following Murkomen’s directive would be considered a serious crime.
“Any unjustified act of aggression, disproportionate use of force, and extrajudicial killing that is done under the guise of fulfilling this order will be deemed as a deliberate, premeditated crime,” she added.
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The LSK president urged the Inspector General of Police, Douglas Kanja, to intervene and ensure that officers do not abandon their constitutional duties in response to illegal directives or promises of immunity from prosecution.
“Any officer found to be engaging in such criminal conduct will be prosecuted in their individual capacity, and the blame to the extent of which command responsibility can be discerned will fall at the feet of the Inspector General,” Odhiambo warned.
The controversy erupted on Thursday after Murkomen publicly issued the “shoot-to-kill” order, stating, “We have directed the police that anyone who dares approach a police station with criminal intent, shoot them.”
The directive was reportedly aimed at individuals who engage in violent attacks on police stations or attempt to steal firearms from the facilities.
Later, Murkomen clarified his statement, asserting that the shoot-to-kill order applied specifically to criminals attempting to rob police stations or attacking officers, rather than as a blanket directive for all potential threats.
He emphasised that the intent was to protect officers and police facilities from violent criminals.
However, the clarification has done little to quell the backlash, with human rights organisations and legal experts raising concerns about the potential for abuse and an escalation in police brutality.
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