Back to sender: How Murkomen's shoot-to-kill order has backfired

Interior Cabinet Secretary Kipchumba Murkomen’s shoot-to-kill pronouncement has baffled many and drawn widespread condemnation even from police officers.

His remarks came just as what was meant to be a solemn anniversary meant to honour those killed during last year’s Gen Z protests turned violent, tragically adding 19 more names to Kenya’s growing list of victims of police brutality.

The Standard has established that the shoot-to-kill orders by Murkomen for aggressors storming a police station, have been interpreted by a section of both senior and junior police officers as a blood-soaked script penned by a playwright who, after handing it to actors, sits back to watch tragedy unfold, then later insists, “I never meant for anyone to die.”

Murkomen has since played a familiar script; “I was misquoted” but his remarks seem to have stirred unease within the National Police Service, exposing widening cracks between command and rank-and-file officers.

In videos that have since gone viral, some police officers have told off Murkomen.

“You are a liar. You have lied. You will not protect me. All you will protect are your interests. I will be ="https://www.standardmedia.co.ke/article/2001522844/guns-are-not-decorations-murkomen-gives-police-license-to-kill?utm_cmp_rs=amp-next-page">sacrificed in court before a judge<, and I will be sentenced to prison,” said an officer in one of the videos.

Things go wrong

Another officer spoke to The Standard on condition of anonymity.

 “It’s extremely disappointing to us that this is coming from a CS for Interior who is a lawyer. He knows very well that when things go wrong, the law will be the reference point, and I doubt he’ll stand by anyone at that point. If he truly means what he says, why are we not seeing him come through for Central OCS Stephen Talaam and Constable James Mukhwana, who are facing the storm right now? He should start from there so that we believe him,” stated a police constable.

Another officer, who requested to remain anonymous, told The Standard: “I just hope my colleagues will not take Murkomen seriously on this. They only need to consult the law, and specifically our standing orders. Don’t throw yourself into the fire, you’ll only have yourself to blame. Your family will watch you walk into jail, and at that time, the CS will be nowhere to help you.”

On Saturday, President Ruto held a high-level meeting at State House where he met with security chiefs and National Government Administration Officers.

“That top officers and commanders were summoned to State House does not speak the language of police independence that the current regime has been preaching. It smacks of intimidation and a scheme to control the police,” observed an officer who requested anonymity.

Senior officers like William Kiambi, Officer Commanding Engineer Sub-County, Nyandarua County, who values strong police-community relations have been left to clean up the mess occasioned by the CS pronouncements. They are now firefighting a blaze. In a video circulating online Kiambi is recorded ="https://www.standardmedia.co.ke/national/article/2001522977/ruto-supports-shoot-to-kill-order-as-murkomen-shifts-stance-after-rebuke">making a passionate< appeal to the community that he serves.

“A police station is a public institution, it exists to serve the community, isn’t that true? When you come here, you’re coming to your own place to demand your right to be served, not to harm anyone.” says Kiambi.

Nyandarua County Police Commander Stella Cherono, who was at the same function with Kiambi said the police have wanted to maintain a cordial relationship with the community, asking them to cooperate with her officers 

“Before we even think of destroying our own police station, let’s pause and reflect, what will we use tomorrow? It’s just like being in your own home: if you choose to break all your plates out of anger, what will you eat from? If something happens today, which police station will you go to for help? Let’s not let anger get the better of us. We must learn how to manage our frustrations constructively.”

Other senior officers, strictly speaking on condition of anonymity, have labelled the directive reckless, while juniors expressed fear that such pronouncements put their safety and fragile relations with the public at even greater risk.

“This is regrettably an intrusion into operational policing, and it is likely to water down years of efforts to build community trust. We are not like the military who operate in war zones; we are officers who work within communities, and so this is likely to be read in bad light,” stated a police sergeant.

According to Kenyan law on the use of firearms by police officers, Schedule 6 of the National Police Service Act lays down strict conditions under which police may use lethal force.

The provision states that an officer is only allowed to use a firearm when less extreme measures are inadequate, and only in specific, narrowly defined circumstances.

Last resort

“In training, we normally say the use of a firearm is the last resort, and circumstances that can warrant this must conform to what the law says and would include self-defence or defence of others against an imminent threat of death or serious injury. It’s not something that just happens,” explains George Musamali, an ex-General Service Unit (GSU) instructor.

Chris Otieno, a Nairobi-based security consultant, sees a wider scheme to instill fear and discourage dissent.

“Kenya is in the eye of a storm. There’s a lot of scrutiny from the international community. You cannot rule out that this shoot-to-kill talk is meant to scare dissenters and ensure the youth do not come out to demonstrate.”

Murkomen was quoted as saying in Swahili:

“Hatuwezi kukubali tena, polisi apigwe, police station ipigwe ama ofisi ya serikali! Hatuwezi! Jana ilikuwa ya mwisho, mmenisikia? Hi bunduki mmpewa mimi sijapewa na hamkupewa ndio ikuwe decoration!...mtu akijaribu police station, eti anakuja kuchukua bunduki, anataka kupiga wewe maisha yako, jiokoe kwanza hiyo story nyingine eti ya oh ulifanya nini, hiyo tutafanya baadaye na mimi nitakuwa mbele kukutetea. (We can no longer accept a situation where a police officer is attacked, a police station is attacked, or a government office is attacked! We can’t allow that! Yesterday was the last time, did you hear me? This gun that you’ve been given, it wasn’t given to you to be a decoration! If someone tries to attack a police station, claiming they’ve come to take a firearm and they intend to kill you, save your life first. That other story of ‘oh, what did you do?’ we’ll deal with that later, and I’ll be at the forefront defending you).”

Shockingly, but not surprisingly, President Ruto has supported Murkomen’s remarks and ="https://www.standardmedia.co.ke/article/2001522957/murkomen-clarifies-on-shoot-to-kill-directive-amid-uproar">vowed to stand with the officers<.

Human rights activists, like Vocal Africa’s Hussein Khalid, have termed Murkomen’s remarks an affront to the Constitution.

“It’s clear for everyone to see, the current administration is working desperately to overthrow the Constitution. Instead of the CS arresting known goons caught on CCTV and social media recordings, he’s hellbent on infringing constitutional guarantees including the right to protest and demonstrate. Unacceptable!” observed Khalid.

Senseless disappearances

Swinnie Ooko of the Forum for Civic Participation in Governance said Murkomen’s remarks would open floodgates of senseless disappearances.

“This country is already dealing with a plethora of cases of abductions.

‘‘Imagine what these statements by the CS would do going forward. Essentially, let’s brace ourselves for more. Police excesses, abductions, and enforced disappearances are likely to take a new life,” noted Ooko.

Schedule 6 of the National Police Service Act further states that any use of a firearm must be proportionate to the threat faced. The force applied must not exceed what is strictly necessary to accomplish a lawful objective. After any firearm is discharged, whether someone is injured or not, the officer involved must report the incident immediately.

Also, Schedule 6 offers that the scene must be secured, evidence preserved, and the Independent Policing Oversight Authority must be notified to initiate an independent investigation.