Court to hear petition seeking CS Murkomen’s removal over controversial ‘shoot-to-kill’ remarks in October

The High Court has set October 27, 2025 as the date for the next mention in a petition challenging the suitability of Cabinet Secretary for Roads and Transport, Kipchumba Murkomen, to hold public office over his controversial “shoot-to-kill” directive.

During a session held at Milimani Law Courts on Wednesday, Justice Bahati Mwamuye declined to issue interim orders barring Murkomen from office. The judge instead directed that the case proceed for further directions on the mentioned date.

The petition, filed by the Gema Watho Association, argues that Murkomen violated the Constitution by urging police to use lethal force on protesters storming police stations. The group contends that such remarks infringe on the right to life and human dignity, protected under Article 26 of the Constitution.

The remarks in question were made on June 26, just one day after chaotic anti-government protests rocked the country. Murkomen blamed rising lawlessness on police leniency and directed officers to shoot anyone who approached police stations with criminal intentions.

“We have directed the police that anyone who dares approach a police station with criminal intent, shoot them,” Murkomen said.

According to the petitioners, this statement could embolden law enforcement to engage in extrajudicial killings, flouting established protocols on the use of force.

The petition has attracted wide interest, with EACC, National Police Service, Inspector General Douglas Kanja, Law Society of Kenya (LSK), IPOA, and Kenya National Commission on Human Rights (KNCHR) named as interested parties.

Former Prime Minister Raila Odinga sharply criticized Murkomen’s remarks while addressing a church congregation in Bondo on June 29. Raila warned that such directives border on state lawlessness and could damage public trust in the police.

“Anybody giving instructions to a police officer to shoot anyone who gets near a police station is a big shame. Shame on you,” Raila stated.

He added, “We should not encourage taking away life in a way that is not constitutional. If someone has committed a crime, that person should be subjected to the law.”

Murkomen has maintained that lax judicial systems are partly to blame for escalating violence, claiming that repeat offenders are often released on lenient bond terms only to re-offend.

As the country awaits the court’s direction in October, the case is expected to spark more legal and political debate over the balance between security enforcement and the protection of constitutional rights.