The Law Society of Kenya (LSK) criticized Interior cabinet secretary (CS) Kipchumba Murkomen over remarks made on Thursday implying that the police should shoot to kill civillians.

Speaking after accessing the post protest damages in Nairobi CBD, CS Murkomen assured the police of his support in the event they are prosecuted for hurting or killing civillians.

“You have my support 100%, if you would have used your guns on them we would not have had a problem. If any officer is taken to court because he used his gun to defend himself, a police station, Parliament or government office, we will not cooperate,” said the CS cum Advocate of the High Court of Kenya.

“We will not cooperate with anybody who is trying to punish police officers for doing their job and any police officer who will have a problem, we will get them a lawyer.”

LSK to Murkomen

LSK reminded Murkomen of his responsibility not only as Interior CS but also as an Advocate of the High Court and LSK member.

“We are disenchanted that a sworn Advocate of the High Court of Kenya and member of the Law Society of Kenya is capable, in good conscience, of not only encouraging belligerence by the police, but worse still congratulating it, and promising to undermine the rule of law and court orders in the furtherance of it,” read LSK’s statement in part.

“We remind Mr. Murkomen that as a State Officer who is a member of the bar, he is not only bound by his mandatory Constitutional duties under Chapter 6 of the Constitution, but by his oath of office as an Advocate of the High Court of Kenya which behooves him to abandon all else in favour of fidelity to the law and Constitution.”

“The bewildering proposition that extrajudicial killings are acceptable, and that the Government supports the same, are an absolute dereliction of duty and contradiction of the constitutional principles under which the National Police Service is required to carry out its mandate. The sanctity of the Right to Life is only subject to the necessary, exceptional and clearly defined limitations contemplated in law.”

LSK also highlighted that the use of force by police is limited under the law. “In any case the use of lethal force is restricted only to extraordinary circumstances of an imminent threat to the life of an officer, or a member of the public.”

“Far from the assertion peddled to the effect that the issuance of firearms comes with an unconstrained power to use them against civilians, section 61 as read with the Sixth Schedule of the National Police Service Act outlines strict conditions on the use of firearms, including their use only if all other means are inadequate. Even then, the decision to discharge and use firearms is subject to mandatory reporting and review.”

The LSK also warned police officers of individual responsibility reminding them that any officer who enforces the orders will be charged as an individual.

“Any officer found to be engaging in such criminal conduct will be prosecuted in their individual capacity, and the blame to the extent of which command responsibility can be discerned will fall at the feet of the Inspector-General.”

“We urge the Inspector General to dissuade his officers from abandoning their oath and constitutional duty on account of illegal directives and promises of protection from legal consequence that are incapable of being met.”