Former Law Society of Kenya (LSK) President Nelson Havi has sharply criticized Interior Cabinet Secretary Kipchumba Murkomen over his recent "shoot-to-kill" directive, branding it a grave violation of constitutional rights and a misuse of state authority.

Speaking during a televised interview with Citizen on Monday, June 30, 2025, Havi argued that no state official not even a Cabinet Secretary has the legal mandate to circumvent the Constitution or the judiciary, particularly on matters concerning the right to life.

"If you’ve listened to the responses from the three police officers, the message is clear: they won’t follow an illegal and unconstitutional directive to shoot innocent civilians," Havi said.

While acknowledging that law enforcement officers are permitted to use firearms under defined legal conditions, Havi stressed that such actions must strictly adhere to constitutional provisions and judicial rulings.

"There’s no contention around the lawful use of firearms. The real issue is the context how and why this kind of force is being justified in the current circumstances," he explained.

Havi further said that, were he still serving as LSK President, he would take immediate legal action seeking Murkomen’s removal from office.

"If I were the sitting president of the Law Society, I would already have filed a petition for his impeachment. His remarks don’t just shame the legal profession they dishonor public service," he said.

He referenced a key judicial decision, Attorney General 397, in which the High Court reaffirmed that the right to life and the right to a fair hearing outweigh any state interest in using force, even for purposes like property protection.

"The ruling was clear: the right to life and fair hearing stands above the authority to discharge a firearm. Any police officer who misuses their weapon is acting alone and must be held personally liable," Havi said.

He condemned the recent use of excessive force by police during anti-government protests, claiming that officers targeted peaceful demonstrators rather than responding to any actual looting.

"I didn’t see police officers confronting looters. What I did witness, over and over again, were officers opening fire on unarmed protesters," he said.

Recalling one particular incident, Havi described the shooting of a young man as a deliberate and unprovoked act of violence.

"What justification was there to attack him? He was walking calmly and yet they whipped and shot him. It was as though they were trying to incite a confrontation so they could open fire," he said.

He urged law enforcement personnel to uphold the law above all else, emphasizing that obedience to illegal instructions regardless of who issues them has no legal or moral standing.

"Police officers must understand this clearly: an unlawful order from the President, a Cabinet Secretary, a principal secretary, or even a police spokesperson is not to be followed," Havi said.

Amid growing public anger over police conduct during recent demonstrations, Havi is now pushing for structural reforms to ensure accountability and strict compliance with constitutional safeguards.

"This isn’t just a political issue it’s a matter of law and principle. The rule of law must prevail, and no one is above it," he concluded.