
The Katiba Institute has filed an amended petition at the High Court seeking to hold Interior Cabinet Secretary Kipchumba Murkomen personally accountable for deaths and serious injuries allegedly linked to police actions. In the case, the rights group challenges remarks reportedly made by the Cabinet Secretary last year, where he is said to have urged police officers to use firearms against individuals approaching police stations or posing threats to officers. Katiba Institute argues that such statements violated constitutional safeguards and put lives at risk.
According to the petitioners, Murkomen exceeded his legal authority by issuing what they describe as operational directives to police officers. The group notes that under the Constitution, command of the National Police Service lies solely with the Inspector-General of Police, not the Interior Cabinet Secretary. Among the key prayers before the court, the institute is seeking a declaration that the CS should bear personal responsibility for harm arising from the alleged misuse of force by police officers following his remarks.
The petition also calls for compensation in the form of general, aggravated, and consequential damages for individuals who have been killed or seriously injured in incidents involving police since June 26, 2025. The compensation period, they argue, should run until the Cabinet Secretary formally retracts and clarifies his statements. Further, Katiba Institute is asking the court to compel Murkomen to issue public retractions through major media platforms, including newspapers, television broadcasts, and a press briefing, all at his own cost. The proposed retraction should clearly outline the legal framework governing the use of force and firearms by law enforcement officers.
In addition, the petition seeks a structural order requiring the CS to submit a compliance report within 30 days after the court’s decision, detailing steps taken to adhere to any directives issued. The rights group also wants the court to declare that Murkomen’s remarks violated constitutional principles of leadership, accountability, and integrity, while also undermining the dignity of his office and breaching his oath of office.
Despite the matter being filed in the public interest, the petitioners are urging the court to order the Cabinet Secretary to personally cover the legal costs of the case. The amended petition, dated May 19, 2026, is being advanced by advocate Kevin Walumbe on behalf of the petitioners.
The case raises critical questions about the limits of political authority over security agencies and the accountability of public officials. The High Court’s decision could set a significant precedent on personal liability for actions linked to public office.
