Rights lobby Katiba Institute has intensified its legal battle against Interior Cabinet Secretary Kipchumba Murkomen by seeking court orders to hold him personally liable for deaths and serious injuries allegedly linked to police actions following remarks he made on the use of firearms by officers.
In an amended petition filed before the High Court, the institute argues that statements attributed to Murkomen regarding the use of guns by police officers violated constitutional protections and endangered fundamental rights and freedoms guaranteed to Kenyans.
The petition centres on remarks allegedly made by the Cabinet Secretary last year, in which he reportedly told police officers that their firearms were “not toys” and instructed them to shoot anyone who posed a threat to officers or approached police stations in a threatening manner.
Katiba Institute contends that such statements exceeded the Cabinet Secretary’s constitutional mandate and amounted to unlawful interference with the operations of the National Police Service. The lobby group argues that command and operational control of the police service rests solely with the Inspector-General of Police under the Constitution.
According to the petitioners, the remarks may have contributed to incidents involving excessive use of force by police officers. As a result, they want the court to find Murkomen personally responsible for harm allegedly suffered by individuals who died or sustained serious injuries following police actions from June 26, 2025.
The rights group is also seeking compensation for affected victims through incidental, consequential, general, and aggravated damages. The proposed compensation would apply to individuals allegedly harmed during the period in question until the Cabinet Secretary publicly retracts and clarifies the disputed remarks.
Further, Katiba Institute wants the court to compel Murkomen to issue public retractions through newspapers, television broadcasts, and a press conference at his own expense. The petition states that the retractions should clearly explain the legal framework governing police use of force and firearms.
The organisation is also seeking declarations that the remarks violated constitutional principles of leadership, accountability, and integrity. It argues that the statements undermined the responsibilities attached to the office of a Cabinet Secretary and breached the oath of office.
Additionally, the petition seeks a structural injunction requiring Murkomen to file a compliance report before the court within 30 days should judgment be entered against him.
The amended petition, dated May 19, 2026, is being pursued through advocate Kevin Walumbe. The case is expected to test the extent of personal accountability for senior government officials over public statements and their potential impact on law enforcement conduct.
