Why kipchumba murkomen - shoot to kill orders are illegal and dangerous

Condemning Murkomen’s Shoot-to-Kill Orders: A Violation of Kenya’s Constitution and Human Rights

Condemning Kipchumba Murkomen’s Shoot-to-Kill Orders: A Violation of Kenya’s Constitution and Human Rights

By Dr Saddam Kenya | June 28, 2025

Interior Cabinet Secretary Kipchumba Murkomen’s recent directive authorizing police to “shoot to kill” anyone approaching police stations during protests has sparked widespread outrage across Kenya. These statements, made in the context of the June 25, 2025, Gen Z-led protests commemorating the 2024 anti-Finance Bill demonstrations, are not only reckless but also unconstitutional and a gross violation of human rights. As Kenya grapples with escalating tensions under President William Ruto’s administration, Murkomen’s remarks threaten to plunge the nation into further chaos, undermining the rule of law and the democratic principles enshrined in the Kenyan Constitution. This article examines why these directives are illegal, referencing the Constitution of Kenya, relevant legal acts, and international doctrines, while calling for accountability and justice.

The Context: Murkomen’s Dangerous Rhetoric Amid Gen Z Protests

On June 26, 2025, Kipchumba Murkomen, Kenya’s Interior Cabinet Secretary, issued a chilling directive to police officers, stating, “Anyone who comes near a police station, shoot them.” This statement followed nationwide protests led by Gen Zs, marking the anniversary of the 2024 demonstrations that saw over 60 deaths due to police brutality. Murkomen’s remarks, described as an “order from above,” were made in the presence of senior police officials, including Inspector General Douglas Kanja, and have been widely condemned by human rights groups, political leaders, and the Law Society of Kenya (LSK) as a dangerous escalation of state violence.

[](https://www.tuko.co.ke/kenya/594298-kipchumba-murkomen-police-shoot-kill-orders-protesting-stations/)[](https://www.standardmedia.co.ke/article/2001522844/guns-are-not-decorations-murkomen-gives-police-license-to-kill)[](https://www.tuko.co.ke/kenya/594298-kipchumba-murkomen-police-shoot-kill-orders-protesting-stations/)

These protests, driven by Kenya’s youth, reflect deep-seated frustration with William Ruto’s government, accused of imposing punitive taxes, failing to deliver on job creation promises, and endorsing police brutality. The Gen Z movement, leaderless and organized via social media platforms like X, has demanded accountability and an end to authoritarian governance. Murkomen’s shoot-to-kill order, rather than addressing these grievances, signals a shift toward repression over dialogue, further alienating the youth and threatening Kenya’s democratic fabric.

Violation of the Kenyan Constitution

Murkomen’s directive blatantly violates several provisions of the Constitution of Kenya, 2010, which is the supreme law of the land. Below are key articles that render his statements illegal:

  • Article 26: Right to Life – This article guarantees every person the right to life, stating that “no one shall be deprived of life intentionally, except to the extent authorized by this Constitution or other written law.” Murkomen’s blanket authorization for lethal force against protesters, without specifying imminent threats or legal justification, contravenes this fundamental right. The use of lethal force must be proportionate and necessary, as established in court rulings like Republic v Inspector General of Police & Others (2014).
  • Article 37: Right to Assembly, Demonstration, and Petition – This article protects the right of every person to “peaceably and unarmed, assemble, demonstrate, picket, and present petitions to public authorities.” Murkomen’s directive criminalizes peaceful protests near police stations, effectively stifling this constitutional right. The Gen Z protests, marked by symbolic acts like waving branches, were largely peaceful until met with police violence.
  • [](https://www.bbc.co.uk/news/articles/cjwn257j7y2o)
  • Article 49: Rights of Arrested Persons – Murkomen’s remarks undermine due process by encouraging extrajudicial killings, bypassing the rights of arrested persons to fair treatment and a trial. His claim that police should shoot to prevent “arrogance” from released protesters mocks the judicial process and Article 49’s protections.
  • Article 244: National Police Service – This article mandates the National Police Service to uphold human rights, maintain professionalism, and ensure accountability. Murkomen’s directive, which endorses lethal force without oversight, contradicts this mandate and fuels impunity within the police force.

Legal Acts Contravened by Murkomen’s Directive

Beyond the Constitution, Murkomen’s statements violate several Kenyan laws designed to regulate the use of force and protect citizens:

  • National Police Service Act, 2011 – Section 61 of this Act requires police officers to use force only when strictly necessary and proportionate to the threat. Murkomen’s blanket shoot-to-kill order disregards this principle, encouraging indiscriminate violence. The Act also mandates accountability for excessive force, which Murkomen undermines by promising to defend officers who kill protesters.
  • [](https://www.wsws.org/en/articles/2025/06/26/vhte-j26.html)
  • Public Order Act, Cap 56 – This Act governs public assemblies and requires police to facilitate peaceful protests, not suppress them with lethal force. Murkomen’s directive to shoot protesters near police stations violates this law, as it fails to distinguish between peaceful demonstrators and violent actors.
  • Penal Code, Cap 63 – Section 200 of the Penal Code criminalizes incitement to violence. Murkomen’s public call for police to shoot protesters could be construed as incitement, exposing him to legal liability.

International Doctrines and Obligations Violated

Murkomen’s directive also contravenes international human rights standards to which Kenya is a signatory. These include:

  • Universal Declaration of Human Rights (UDHR), 1948 – Article 3 guarantees the right to life, liberty, and security of person. Murkomen’s order, which endorses extrajudicial killings, violates this principle.
  • International Covenant on Civil and Political Rights (ICCPR), 1966 – Article 6 protects the right to life, while Article 21 guarantees the right to peaceful assembly. Kenya, as a party to the ICCPR, is obligated to ensure these rights are upheld, not suppressed through lethal force.
  • UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, 1990 – These principles stipulate that lethal force should only be used as a last resort when there is an imminent threat to life. Murkomen’s blanket directive fails to meet this threshold, promoting disproportionate and unnecessary violence.
  • African Charter on Human and Peoples’ Rights, 1981 – Articles 4 and 11 protect the right to life and the right to assemble freely. Murkomen’s statements undermine Kenya’s commitments under this charter, exposing the country to regional and international condemnation.

Timeline of Kenya’s 2025 Protests

  • June 24, 2025: President William Ruto backs police ahead of Gen Z protests, defending their role in maintaining law and order.
  • [](https://nation.africa/kenya/news/ruto-backs-police-ahead-of-gen-z-protests-anniversary-5093756)
  • June 25, 2025: Nationwide protests erupt to commemorate the 2024 anti-Finance Bill demonstrations. At least 16 people are killed, and over 400 are injured, including 300 police officers.
  • [](https://www.wsws.org/en/articles/2025/06/25/rqnt-j25.html)
  • June 26, 2025: Murkomen issues shoot-to-kill orders, sparking outrage from human rights groups and political leaders.
  • [](https://www.tuko.co.ke/kenya/594298-kipchumba-murkomen-police-shoot-kill-orders-protesting-stations/)
  • June 27, 2025: Former Deputy President Rigathi Gachagua condemns Murkomen and Ruto, alleging state-sponsored violence.
  • [](https://nation.africa/kenya/news/politics/gachagua-what-went-wrong-on-june-25-ruto-murkomen-blame-5098530)

The Broader Implications: A Threat to Democracy

Murkomen’s shoot-to-kill directive is not an isolated incident but part of a broader pattern of authoritarianism under William Ruto’s administration. The government’s response to Gen Z protests—marked by teargas, live ammunition, and media blackouts—reflects a deliberate strategy to suppress dissent. By labeling protests a “coup attempt,” Murkomen seeks to criminalize legitimate political expression, a tactic reminiscent of authoritarian regimes.

[](https://www.bbc.com/news/live/c1jd8enywplt)[](https://peopledaily.digital/insights/cs-murkomens-threats-an-assault-on-democracy)
“Murkomen’s remarks are a dangerous escalation in the Ruto administration’s assault on constitutional freedoms and democratic expression.” – People Daily [](https://peopledaily.digital/insights/cs-murkomens-threats-an-assault-on-democracy)

The directive also undermines judicial independence, as Murkomen criticized courts for granting bail to protesters, accusing them of fostering “anarchy.” This attack on the judiciary, coupled with promises to shield police from accountability, erodes the rule of law and emboldens impunity. Human rights groups like Amnesty International have reported that families of protest victims are being pressured to bury loved ones without post-mortems, further concealing police excesses.

[](https://www.standardmedia.co.ke/national/article/2001522849/murkomens-shoot-to-kill-remarks-raise-tension-amid-police-brutality-claims)[](https://www.wsws.org/en/articles/2025/06/26/vhte-j26.html)

Call to Action: Demanding Accountability

Kipchumba Murkomen’s shoot-to-kill orders are a grave violation of Kenya’s Constitution, local laws, and international human rights standards. They represent a dangerous precedent that threatens the lives of Gen Zs and other Kenyans exercising their democratic rights. As citizens, we must demand:

  • Retraction of the Directive: Murkomen must publicly withdraw his statements and apologize for inciting violence.
  • Independent Investigations: The Independent Policing Oversight Authority (IPOA) must investigate police actions during the June 25 protests and hold officers accountable for excessive force.
  • Judicial Protection: The judiciary must uphold its independence and protect the rights of protesters against state intimidation.
  • Dialogue with Gen Zs: President William Ruto must engage in meaningful dialogue with Kenya’s youth to address their grievances, rather than resorting to repression.

The Gen Z movement has shown that Kenya’s youth are a force for change, demanding accountability and justice. As Dr Saddam Kenya, I stand in solidarity with them, urging all Kenyans to reject Murkomen’s unlawful directive and defend our constitutional rights. Let us unite to protect our democracy and ensure that no more lives are lost to state-sponsored violence.

Share this article to raise awareness about police brutality and the fight for justice in Kenya. Join the conversation on X using #RutoMustGo and #GenZProtests.

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