Former Law Society of Kenya (LSK) President Nelson Havi has condemned Interior Cabinet Secretary Kipchumba Murkomen’s controversial shoot-to-kill directive, calling it unconstitutional and a dangerous abuse of power.
Havi argues that no government official, not even a Cabinet Secretary has the authority to override the Constitution or the courts when it comes to the sanctity of human life.
“If you listen to the three police officers who have answered, then you’ll get your answer,” Havi said on Monday, June 30, 2025, in an interview on a local TV station.
“They have said, ‘We will not obey your unlawful and unconstitutional command to shoot, kill innocent people.”
While acknowledging that the law permits the use of firearms under specific conditions, Havi emphasised that any order to use lethal force must conform strictly to the Constitution and judicial precedents.
“There is nobody who doubts the legality of the use of firearms by police officers, but the context in which this pronouncement is being justified is what has to be evaluated,” he stated.
“If I were the current Law Society of Kenya President, I would file a petition to have the Cabinet Secretary impeached because he is not only an embarrassment to the legal profession but to servanthood.”
Havi cited a landmark ruling by the High Court in Attorney General 397, which upheld the right to life and due process as sacrosanct — even when weighed against state interests such as property protection or law enforcement.
“The High Court, as determined in Attorney General 397, (said) the right to life, the right for a fair hearing is superior to the right [of a police officer] to fire (a weapon). What takes us back to the use of police force the moment you misuse your firearm], you are on your own,” he explained.
Police reforms and accountability
He criticised law enforcement for using excessive force during recent protests arguing that there was no evidence to support claims that officers were only responding to criminal acts like looting.
“I never saw a single incident of a policeman confronting anybody looting. But I saw so many instances of policemen shooting innocent protesters,” he said.
In one particularly disturbing example, Havi recalled the shooting of a young man as unacceptable.
“What were the underlying reasons why they’d whip (him)? He was just walking innocently, and you proceeded (to shoot). These policemen were intent on provoking you so that a scuffle and shooting could occur.”
Havi stresses that every police officer must disobey illegal commands no matter the rank or authority of the person issuing them.
“Police officers must realize that an unlawful command from anybody — the President, the Cabinet Secretary, the principal secretary, the police spokesman — cannot be obeyed,” he declared.
As public outrage over police conduct during recent demonstrations grows, Havi is calling for urgent reforms in command accountability and adherence to constitutional protections.
“This is not just about politics. It’s about the rule of law, and no one — no matter how powerful — is above it,” he asserted.
