LSK calls out CS Murkomen reckless remarks following June 25 protest, warns police against implementing illegal directives
Photo: Law Society of Kenya President Faith Odhiambo
NAIROBI, Kenya, June 28 – The Law Society of Kenya (LSK) has raised concern over reckless, insensitive and misleading comments that have emerged in reaction to Nationwide demonstrations held on 25th June 2025 made by Cabinet Secretary Interior and Coordination of National Government.
Mr. Murkomen views regarding to police conduct during the demonstrations and what has been indicated as Government’s policy position on police excesses extrajudicial killings.
“We are disenchanted that a sworn Advocate of the High Court of Kenya and a Member of Law Society of Kenya is capable in good conscience of not encouraging belligerence by the police, but worse still congratulating it and promising to undermine the rule of law and court orders in the furtherance of it”, said LSK President Faith Odhiambo.
While reminding CS Murkomen that as a state officer who is a member of the bar, he is not only bound by his mandatory constitutional duties under chapter six of the Constitution but by his Oath of office as an Advocate of the High Court of Kenya which behoves him to abandon all else in favour of fidelity to the law and Constitution.
“The bewildering proposition that extrajudicial killings are acceptable and that the government supports the same are an absolute dereliction of duty are contradiction of the constitutional principles under which the National Police is required to carry out its mandate”.
LSK further noted that far from assertion peddled to the effect that the issuance of firearms comes with unconstrained power to use them against civilians whereby section 61 as read with six schedule of National Police Service Act outlines strict condition on the use of firearms including their use only if other means are inadequate.
“We sound our equivocal warning to the National Police Service that they are legally prohibited from acting upon complying with the ultra vires, illegal and unconstitutional shoot-to-kill order allude by Mr. Murkomen”, Odhiambo warned.
Furthermore, they noted that Cabinet Secretary has no authority under the law to issue such an order and Mr. 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.
They added that any unjustified act of aggression, disproportionate use of force and extrajudicial killings that is done under the guise of fulfilling the order will be deemed as deliberate, premeditated crime.
“Any officer found to be engaging in such criminal conduct will be prosecuted in individual capacity”, she added.
“We urge the Inspector General to dissuade his officers from abandoning their Oath and constitutional duty on account of illegal directives and promises from legal consequence that are incapable of being met”.
