Murkomen shoot-to-kill order points to double speak

The police now have a license to kill. According to Interior Cabinet Secretary Kipchumba Murkomen, the police should use their lethal arms to repel demonstrators, reminding them that the guns they bear are not toys. 

The CS had recently told parliament that in the six months he had been at the helm of security he could not take responsibility for police killings because his role was mainly revolved around policy.

Two weeks ago, Murkomen was summoned in the Senate to explain the circumstances that led to the death of blogger Albert Ojwang but like a politician he used to be before he was picked to head the Interior docket, he passed the blame and the question to the Inspector General of Police saying he was the one given the ‘ears’ and the ‘eyes’ by the Constitution to know who was culpable.

Murkomen had been tasked to explain who in his view was culpable of the death of the blogger who was tortured and killed inside a police cell.

“Those eyes have been given to the investigatory authorities under 245 of the Constitution and that is why you rightly invited me but also invited the independent institutions. From the part of the executive, and that of Inspector General of the Police and the Independent Police Oversight Authority, which again, in Article Section 4 of the IPOA Act, have been given independence, in all matters of investigation regarding matters related to police brutality and crimes committed by police officers. Therefore, should questions arise that touch on policy issues, that touch on the Ministry’s policy contribution, I am more than happy to respond,” Murkomen said.

 At the time, he expressed concern that like the rest of Kenyans, he too received the news of the death of the blogger with dismay and assured that every national police officer who was involved in the matter would be brought to justice expeditiously.

The article 245 of the Constitution that Murkomen referred to shield himself from the questions on the conduct of police discusses the command of the national police service stressing the independence of the office of the Inspector General and directing that any instructions of the Interior CS must be in writing.

Article 245 (b) states ‘The Inspector General shall exercise independent command over the National Police Service, and perform any other functions prescribed by national legislation. The Cabinet secretary responsible for police services may lawfully give a direction to the Inspector-General with respect to any matter of policy for the National Police Service, but no person may give a direction to the Inspector-General with respect to the investigation of any particular offence or offences, the enforcement of the law against any particular person or persons.”

The article continues ‘Any direction given to the Inspector-General by the Cabinet secretary responsible for police services under clause (4), or any direction given to the Inspector-General by the Director of Public Prosecutions under Article 157(4), shall be in writing’

But when Kenyans turned out this week to commemorate the the lives of 62 protestors killed  in last years June 25 protests, Murkomen had change of tune, declaring that he would  robustly defend police officers accused of extra judicial killing during street protests.  

Killing order

Murkomen on Thursday gave the police a shoot to kill order, assuring them that any police officer who was charged would be supported effectively by his Ministry and the government as he reiterated that his was an ‘order from the above’ which was interpreted to mean he had orders from President William Ruto.

The CS assured the police officers of his support should they face challenges of legal implication in case they kill the protestors who he described as anarchists. hesaid he had watched from  the police command center the progress of the protests. 

“We have told the police officers that whoever comes near the police station must be shot,” he said at Kikuyu police station amid jeers form some members of public who disagreed with him urging that suspects ought to be arrested and prosecuted and not shot.

 “The person who comes to steal a gun, he must know that guns are not mandazis. We can’t allow goons to be beat police officers, to invade police stations. The incident will be the last of its kind to happen...a police station to be invaded. The guns were not given to you to be mere decoration. If a person threatens you, save yourself first, the other story will be dealt with later and I will be the first person to defend you.

“You only run if you realise that whatever you have if you take down six or five, they will remain many. But between 10 to 20 how can you be overpowered and you went to school to do that work, you have to protect yourself, protect the country and protect our nation, and we will defend you to the hills, you will see, let them bring some English about the yesterday incident. And this is not coming from me it’s an order form the above. The government is with you a 100 per cent to ensure that you are protected from heinous act,” he said.

While taking up the duty of the Inspector General, Murkomen defended the police and claimed that the ‘brave’ officers were injured while protecting Kenyans

“Since there is no one who is going to defend our police officers, I want to speak authoritatively here. I thank you, our police officer, for a job well done against the extreme provocation. Even if you need a lawyer or you need anything. You have my back. And you have the back of this ministry.

He added that he was willing to disobey some court orders. “I can suffer a court order; I can pay for a court order but I can’t pay for the people’s lives if they die and I can’t return back a nation. I would rather appear before a judge in a still working country and explain why I made a particular decision than to let doubt myself and I say I can’t make a decision and then tomorrow there is no country there is not even a judge to appear before,” he said.

All Cabinet Secretaries, Murkomen included take an oath or affirmation to uphold the Constitution and laws of the Republic, to serve the people, and to discharge their duties with honor and dignity. The oath emphasises faithfulness to the nation, obedience to the Constitution, and service to the people. It also includes a pledge to hold office with integrity. 

Against law

Lawyer John Mwago opined that Murkomen’s conduct contravenes the Constitution especially article 245 of the Constitution and the oath of affirmation saying such characters were letting the President down.

“Those surrounding the President like Murkomen are the kind of people making Ruto look extremely bad in the eyes of Kenyans, facing ordinary Kenyans and directing the police to kill them while he expects them to reelect his boss in 2027 is unfortunate, it’s the high time the President cleans up his house and do away with people who belong to Murkomen school of thought,” Mwago added.

While Murkomen has become a defender of police killings during Ruto’s administration, he was a strong critic of former President Uhuru Kenyatta’s administration over bodies that were dumped in River Yala and the extra judicial incidents that were synonymous with the former regime.

After last year’s Gen Z protests that claimed over 60 lives, Murkomen appeared in public and claimed that no person had been killed since Ruto was elected President claiming the government had brought to an end the cases of police brutality which were witnessed in Uhuru’s regime.

“Since President Ruto took reigns of office, there is no single citizen who has been killed by police, nor has there ever been a policy of killing people the way we used to see bodies in River Yala and others in River Tana. Since he took office in two years, nobody has been killed,” said Murkomen.

 He said this at the height of the inquest into the killing of Rex Maasai, who was shot and killed on June 18 during the anti-finance bill protests with the main suspected being identified as police officer Isaiah Murangiri Ndumba.

Murkomen said “Idara ya Polisi, kama vile Katiba inasema, lazima iwachiliwe ifanye kazi independently bila kushurutishwa na Waziri ama Rais ama anaibu wa Rais, and we will support their independence. We cannot allow any of us to direct I.G on how to do their work...”

Protesters attacked police stations in Nairobi, Nyandarua, Nyeri, Makueni, Kajiado and Nakuru counties where about 20 police vehicles were razed, furniture vandalised and more than 80 officers injured.