Interior Cabinet Secretary Kipchumba Murkomen has refuted reports that he issued shoot-to-kill orders to the police against Kenyans.
In a statement on Saturday, June 28, 2025, Murkomen said that he was citing the sixth schedule of the National Police Service Act in Paragraph B (1), which guarantees police officers the right to self-defence against threats of death or serious injury, among others.
Murkomen reiterated that the government remains the sole entity with the instruments of providing state security and protection of all citizens regardless of their background, status or political affiliation.
He stated that while citizens have the constitutional right to protest peacefully, that right does not include violence towards fellow protestors, looting and destruction of property.
He added that once protests turn into riots and lawlessness, where lives are threatened and property is vandalised, they are no longer protected demonstrations in line with Article 37. Instead, he says they become criminal activities, and the Constitution does not protect that.
“I merely restated the law that you participated in its formulation. As you may recall the sixth schedule of the National Police Service Act in Paragraph B (1) provides the Conditions for use of firearm which include the protection of life of officers or civilians; protection of property; self-defence against threats of death or serious injury among others,” Murkomen stated, while responding to former Makueni Governor Kivutha Kibwana.
Murkomen says he advised police officers to be alert in situations of criminal acts and when their stations of duty are attacked or invaded by criminals.
He says that the law provides that police officers can use proportional force to protect lives and property, whether that property is public or private property, and whether that life is of an ordinary citizen, a leader or a police officer.
“It ceases being a right to demonstrate when some citizens or criminals depart from the object or subject of demonstration and engage in lawlessness and outrightly unlawful endeavours. When this happens, the sixth schedule of the National Police Service Act (2011) provides a clear use of firearms framework that guides police conduct when they are exposed to risky situations,” the Ministry of Interior stated.
“According to the Act, police officers are required to use peaceful and non-violent means as their first course of action, like talking or warning someone, before using force. When it comes to using firearms or live bullets, the law permits an officer to shoot when their life or a citizen’s life is in immediate danger.”
The government has also clarified that police officers can also shoot when protecting citizens, including themselves, from serious harm and property, like during a violent robbery or mob attack or when they are stopping someone charged with a serious crime, like murder or armed robbery, from escaping jail or police custody and when trying to stop someone from rescuing a dangerous
“These provisions align with both the National Police Service Act and Article 18 of the Penal Code, which recognize that law enforcement officers may use force to apprehend individuals resisting arrest, especially where the individual is committing or has committed a grave offence,” the Ministry added.
“When CS Murkomen made his remarks in regards to shooting, it is not a blanket endorsement of extrajudicial killings, but a firm reminder that officers are permitted under the law to use force when they feel attacked or a citizen’s life is on the line due to criminal activities.”
Murkomen’s remarks emphasise the need for order, prevention of violent criminal elements, and protection of both civilians and police officers during unpredictable protests and riots.
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