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LSK slams Murkomen over ‘shoot-to-kill’ remarks, warns police against illegal orders

Lethal force is strictly limited by law to extraordinary circumstances of an imminent threat.

LSK President Faith Odhiambo and Interior CS Kipchumba Murkomen

COMBO: LSK President Faith Odhiambo and Interior CS Kipchumba Murkomen. File photo

The Law Society of Kenya has condemned Interior Cabinet Secretary Kipchumba Murkomen over his shoot-to-kill remarks made following the June 25 nationwide demonstrations.

In a statement released on Friday evening, LSK President Faith Odhiambo said it was disturbing that a sworn Advocate of the High Court would “encourage belligerence by the police” and “promise to undermine the rule of law and court orders.”

“The proposition that extrajudicial killings are acceptable, and that the Government supports the same, is an absolute dereliction of duty,” she said.

Dismissing claims that the LSK is advancing political interests, Ms Odhiambo termed the allegations “ill-advised balderdash,” and affirmed: “The allegiance of the Law Society lays squarely with the rule of law, the Constitution, the public interest, and our membership.”

The Society warned the National Police Service not to act on what it called an “ultra vires, illegal and unconstitutional shoot-to-kill order alluded to by Mr. Murkomen,” stressing that the CS has no legal authority to issue such a directive.

“Any unjustified act of aggression, disproportionate use of force, or extrajudicial killing done under the guise of fulfilling this order will be deemed a deliberate, premeditated crime,” she warned.

She added that individual officers would be held personally accountable and prosecuted.

Ms Odhiambo reminded the Inspector General and all officers that lethal force is strictly limited by law to “extraordinary circumstances of an imminent threat” and must follow proper reporting and review procedures under Section 61 of the National Police Service Act.

She urged the IG to dissuade officers from abandoning their oath in favor of illegal directives or false promises of protection.

“Police misconduct that is in direct conflict with the Constitution cannot be justified or entertained.”

The LSK also urged young Kenyans to exercise their civic rights peacefully and lawfully, promising to continue defending constitutional freedoms and calbling out human rights violations.

Nyali MP Mohammed Ali supported LSK, stating that security must never come at the cost of humanity.

“The shooting directive made by (Interior CS) Kipchumba Murkomen yesterday (Thursday) is a chilling endorsement of extrajudicial killings which have no place in our country,” Mr Ali said.

“We are a nation of laws, not executions. The State should never weaponise the police against the people, because power built on bullets is only temporary. When the people are no longer with you, not even guns can save you.”