Joshua Nyamori: Murkomen did not issue a shoot-to-kill order

In recent days, there has been significant public debate in Kenya regarding comments made by Cabinet Secretary for Interior, Kipchumba Murkomen, with some claiming he issued a controversial “shoot-to-kill” order.

However, legal expert Joshua Nyamori has come forward to clarify the situation, urging the public to carefully consider the context of Murkomen’s statements and the legal framework governing police actions.

Speaking during a morning interview on K24 TV on Friday, July 4, 2025, Nyamori insisted that the Cabinet Secretary did not issue such an order and that his remarks were grounded in existing laws.

“I have listened to CS Murkomen again and again, and it is important to dispel the fact that the CS did not issue a shoot-to-kill order,” Nyamori said, addressing the controversy.

He acknowledged that the way Murkomen’s statement was delivered might have caused confusion.

“Probably the way it came out may have been different.”

Murkomen’s words misunderstood, legal

However, Nyamori was clear that the Cabinet Secretary’s comments were rooted in legal provisions, not an encouragement of excessive force.

To provide context, Nyamori directed attention to Kenya’s legal framework, specifically the Constitution and the National Police Service Act.

“I would want to invite our people to look at Article 238 of the Constitution that allows the police to use force to protect national security and to protect property and life,” he explained.

This article outlines the principles of national security, which include the use of force when necessary to maintain public safety and order. Additionally, Nyamori referenced the National Police Service Act, particularly Section 61, which governs the use of force by police officers.

“The National Police Service Act, Section 61 specifically, allows police to use reasonable force, including lethal force, where necessary to be able to protect themselves and to protect police stations and national installations and symbols of the state,” he noted.

This section permits officers to use force, including lethal measures, but only in situations where it is deemed reasonable and necessary, such as defending themselves or critical infrastructure. Nyamori’s clarification comes at a time when public tensions are high, with concerns about police conduct during protests and other security operations.

His remarks aim to reassure Kenyans that Murkomen’s statement was not a directive for indiscriminate violence but rather a reference to the legal powers police already have. By pointing to the Constitution and the National Police Service Act, Nyamori seeks to shift the conversation from speculation to a fact-based understanding of the law.