3 lobby groups have sued Interior Cabinet Secretary Kipchumba Murkomen following his shoot-to-kill orders to the police.
The petition was filed at the High Court of Nairobi on Wednesday, July 2, by Katiba Institute, Kenya Human Rights Commission, and the Independent Medico-Legal Unit.
According to the petitioners, the CS violated various provisions of the Constitution and breached his oath of office.
Therefore, the petitioners asked the court to find that Murkomen is unfit to hold public office.
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"The petitioners pray that a declaration that by purporting to direct police officers in their line of duty, the Respondent acted ultra vires and in violation of Article 245 (2)(b) of the Constitution as read with Section 8 of the National Police Service Act which provides that the overall and independent command of the National Police Service is under the Inspector-General of Police.
"A declaration that the Respondent has contravened Clause 1 of Article 75 (c) and has demeaned the office of the Cabinet Secretary, Ministry of Interior and National Administration," read the petition in part.
Additionally, the lobby groups are seeking to have the court compel Murkomen to issue a public statement recanting his remarks to a newspaper and TV station with nationwide circulation.
The groups also want the CS to be held responsible for any damages that result from his order to the police.
"An order, incidental, consequential, and aggravated damages against the Respondent in favour of all individuals who have died or have been seriously injured as a result of police action, caused by a member of the police on duty or that which happened while in police custody from 26 June 2025 to the date of his retraction and clarification of the law," read the petition in part.
Murkomen had directed the police to shoot and kill those who approach police stations during protests.
This followed the destruction and vandalism of some stations, where firearms were also stolen.
However, after the remarks, there was a public uproar, forcing the CS to clarify that he did not direct the police to use their firearms recklessly.
"We have not said that they should use it recklessly. We are just trying to protect the officers whose lives are in danger, and they are being told that they should not use the guns because they will be charged," Murkomen stated on Saturday.
"If that officer dies, how will the officer be charged?
