Interior Cabinet Secretary Kipchumba Murkomen is under intense legal and public scrutiny following remarks he made on June 26 regarding police use of deadly force during anti-government protests in Kenya.

Murkomen cited the National Police Service Act, stating that officers were legally permitted to use lethal force to protect property or prevent escape from custody. He described the law as very clear. However, his interpretation has been met with sharp criticism from legal experts and human rights groups.

Civil society organizations, including Katiba Institute, the Kenya Human Rights Commission, and the Independent Medico-Legal Unit, have filed a petition at the Milimani High Court. They are asking the court to declare Murkomen unfit to hold public office, accusing him of inciting violence, misrepresenting the law, and violating the Constitution.

The petitioners claim that Murkomen's comments amount to incitement under Article 33(2) of the Constitution and that he has failed in his obligation to uphold the rule of law and protect the dignity of public office. They further argue that his remarks could encourage police officers to act outside their legal limits, increasing the risk of extrajudicial killings.

As part of the legal action, the petitioners are seeking compensation for victims of police brutality and reimbursement of legal costs. They have also requested that Murkomen be compelled to issue a formal public retraction of his statements. This retraction should be delivered through a televised address, a press briefing held at Harambee House, and a paid newspaper notice. All of these should be done at Murkomen’s personal expense.

The retraction must specifically reference a 2017 High Court ruling, HCCHRPet 379 of 2017, which outlines the lawful limits of force by police officers. The petition also calls for the Independent Policing Oversight Authority to provide a list of all individuals who have been killed or seriously injured by police since June 26, the date of Murkomen’s remarks.

In a separate legal move, Nairobi-based lawyer Kepha Ojijo filed a motion last month asking the Law Society of Kenya to remove Murkomen and Deputy President Kithure Kindiki from the Roll of Advocates. The motion accuses both of gross misconduct linked to their roles in the government’s handling of recent protests.

Opposition-aligned Members of Parliament have also indicated plans to introduce an impeachment motion against Murkomen. They cite his controversial comments as grounds for removal from office, especially given the sensitive nature of his role in national security.

Although Murkomen later clarified that police are aware of the legal limits on the use of force, the petitioners argue that the damage had already been done. They maintain that his remarks undermined the constitutional framework and created confusion both among officers and the public.This petition highlights growing concern over state violence and the responsibility of public officials to respect the law.

As the court prepares to hear the case, it may set an important precedent for how Kenya addresses accountability in matters of security and governance.