The High Court has declined to declare Interior Cabinet Secretary Kipchumba Murkomen unfit to hold public office over remarks made during a public address in Kikuyu Town, Kiambu County, on June 26, 2025.
The remarks, widely condemned by civil society and legal professionals, were at the centre of a constitutional petition filed by the GEMA Watho Association.
In a sitting by Justice Lawrence Mugambi, the court ruled that it was premature to issue a declaration on Murkomen’s suitability for office in the absence of concrete evidence showing that his remarks had been acted upon by law enforcement agencies.
The GEMA Watho Association moved to court seeking, among other remedies, a declaration that the utterance violated a wide array of constitutional provisions and international human rights instruments.
Their petition listed numerous constitutional articles, including Articles 26 (right to life), 28 (human dignity), 37 (peaceful assembly), 50 (fair hearing), and 244 (police professionalism), as having been breached.
Among the specific reliefs sought by the petitioner was:
“A declaration that the conduct of the 1st Respondent is incompatible with the responsibilities, character, and ethical expectations of a public officer under Chapter 6 of the Constitution of Kenya, 2010, and that he is therefore unfit to hold public office,” the petition read.
However, in declining to issue such a declaration, the court emphasised that the National Police Service Act contains clear provisions on the chain of command and who can lawfully issue operational directives to the police.
Justice Mugambi noted that unless the petitioners could provide evidence that the Inspector General of Police or officers under his command had acted upon Murkomen’s statement, there was no basis to conclude that his utterance had led to violations of constitutional rights or abuse of public office.
The petition also sought mandatory orders compelling the Ethics and Anti-Corruption Commission (EACC) to investigate the CS, and directing the Attorney General to advise on his removal from office.
Further, it requested an injunction restraining the CS from making similar statements and a public apology to be issued in the media.
Proceedings are scheduled to continue before Justice Bahati
Mwamuye on October 27, 2025.
