Interior Cabinet Secretary Kipchumba Murkomen is facing fresh legal trouble after a group of civil society organisations filed a petition at the High Court seeking his removal from office over his controversial shoot-to-kill directive.

The petition, filed on Wednesday by the Katiba Institute, Kenya Human Rights Commission (KHRC), the Independent Medico-Legal Unit (IMLU), and other rights groups, accuses Murkomen of promoting violence and acting in a manner that violates the Constitution.

“The petition alleges that these comments constitute incitement to violence and unlawful acts, and amount to unacceptable ethical conduct required of a public officer. The petition asks the court to find that the CS, as a public officer, is not fit to hold public office,” the organisations said in a joint statement.

The rights groups raised three main arguments.

First, they cited a 2022 High Court ruling that stated firearms should not be used to defend property if less dangerous options are available, especially during peaceful protests.

Second, they argued that Murkomen’s remarks amount to incitement under Article 33 of the Constitution and unethical conduct under Article 10 and Chapter Six.

According to the petition, the CS encouraged unlawful use of force and relied on outdated and unconstitutional legal provisions in his justification.

The petitioners also want the court to hold Murkomen personally accountable for any deaths or injuries caused by police officers from June 26 onwards, linking them to his shoot-to-kill directive.

On June 26, Murkomen told police officers to shoot anyone who approaches a police station or endangers the life of an officer, assuring them that the government would protect them.

His statement drew widespread criticism from politicians across the divide, lawyers, and human rights groups who called the directive reckless, especially in the wake of rising cases of civilians being shot by police.

In response to the backlash, Murkomen said his comments had been misunderstood. He insisted that he only meant police officers should defend themselves when faced with threats to their lives, or that of civilians, or when protecting property.

This case adds to the mounting legal pressure facing the CS. On June 30, a separate petition was filed with the Law Society of Kenya seeking to have both Murkomen and Deputy President Kithure Kindiki struck off the roll of advocates.

The petitioner in that case argued that the two leaders had breached the Constitution and their oath of office by failing to uphold human rights and constitutional principles.