LSK dismisses Murkomen's coup claims

The Law Society of Kenya (LSK) has dismissed claims that the country is on the verge of anarchy, terming recent remarks by Interior Cabinet Secretary Kipchumba Murkomen as threats to the lives and well-being of citizens.

On Thursday, Murkomen alleged that the June 25 protests were a well-orchestrated attempt to overthrow the government. He described the unrest as an act of terrorism, claiming it was politically instigated, funded, and executed with precision.

However, in a statement, LSK President Faith Odhiambo said: “The Law Society of Kenya dispels any notion that Kenya is at the cusp of anarchy, or that police misconduct that is in direct conflict with the Constitution are justified, or even warranted.”

She added: “While we urge all our youth who engage in their civic expressions of their democratic rights enshrined under the Bill of Rights to do so lawfully and within the parameters set by statute, we cannot entertain nefarious threats on the lives and well-being of the sovereign people.”

The Society further called out Murkomen over remarks suggesting that police officers were “permitted” to shoot anyone who nears a police station or causes chaos around such facilities.

According to Odhiambo, the shoot-to-kill remarks are illegal and unconstitutional, and Murkomen has no authority to issue such an order.

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She said the claim that extrajudicial killings are acceptable, and that the government supports them, contradicts the constitutional principles guiding the National Police Service and the Right to Life.

“Any unjustified act of aggression, disproportionate use of force, and extrajudicial killing that is done under the guise of fulfilling this order will be deemed as a deliberate and premeditated crime,” read the statement.

“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.”

Odhiambo urged the Inspector-General to dissuade officers from abandoning their oath and acting on illegal directives under promises of protection by Murkomen.

“The use of force by police is limited under the law, and 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,” she added.

The Society’s remarks follow coup claims by several government officials, including President William Ruto.

The June 25 protests, which were meant to commemorate victims of the 2024 demonstrations, turned deadly, leaving at least 16 people dead.

Murkomen has maintained that the protests were politically motivated and that demonstrators were paid to cause chaos, particularly in Nairobi’s Central Business District.