Interior Cabinet Secretary Kipchumba Murkomen has responded to criticism from former Makueni Governor Prof. Kivutha Kibwana over his remarks that police officers should shoot and kill individuals who stormed police stations.
In a brief statement on Saturday, June 28, Kibwana had condemned Murkomen’s remarks, accusing him of authorizing extrajudicial killings.
"Do you know that due to your shoot-live to murder command, you will now and in the future be held accountable for every extrajudicial extermination, officer of the court? How was I your teacher at UoN, Law?" he said.
In response, Murkomen defended his statement, insisting it was a restatement of legal provisions governing the use of force by law enforcement officers.
"My good teacher and friend, where did I issue a 'shoot-live to murder command'? Having been your good student, I know better than to make unfounded statements. I merely restated the law that you participated in its formulation," he said.
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Murkomen continued by citing the specific legal basis for his earlier comments.
"As you may recall, the sixth schedule of the National Police Service Act in Paragraph B (1) provides the conditions for use of firearms, which include the protection of life of officers or civilians; protection of property; self-defense against threats of death or serious injury, among others," he added.
Murkomen also extended an olive branch, inviting Kibwana to further dialogue on the matter.
"I am happy to continue this debate with you over a cup of tea and to listen to any other perspectives on your interpretation of the above provisions," he concluded.
Notably, following widespread public backlash, Murkomen issued more clarification on his remarks, maintaining that they had been misinterpreted.
"I have seen debates, reactions, and expressions regarding my recent statement on the use of firearms by police officers. My statement was made contextually and consciously with clarity of mind based on the express provisions of the law.
"No leader, scholar, jurist, journalist, blogger, or opinion shaper has challenged me on the law. At my age, position, and experience, I cannot utter statements that are not supported by the Constitution and the law," he noted.
While hitting out at those he accused of spreading misinformation, Murkomen insisted that he had not issued any unlawful orders to police officers.
"I ask all those who are spreading misinformation, disinformation, and fake news to challenge me on the law. Those who are saying I issued an order to the police should show where the order is. A mere restatement of the law as it exists cannot amount to giving an order to the police.
"The police are mandated by law to operate within the constitutional framework, the statutes, and the departmental standing orders. In any case, I have no constitutional powers to give such orders; instead, I have a duty to support the police and to formulate policy recommendations to aid the application of law in the enforcement of law and order," he stated.
Murkomen further defended the conduct of police officers in the wake of violent protests, pointing out attacks on law enforcement infrastructure and personnel.
"Our police officers who are attacked by robbers, rioters, and arsonists—who have torched police stations, stolen rifles, burnt suspects alive, and burnt property worth millions of shillings, including courts—cannot be left helpless when they have been given the authority by the Constitution and the law to defend themselves, the citizens, and their property," he concluded.
