The High Court has declined to declare Interior Cabinet Secretary Kipchumba Murkomen unfit to hold public office over remarks he made during a public address in Kikuyu Town, Kiambu County, on June 26, 2025.
The remarks, which drew widespread condemnation from civil society groups and legal professionals, were at the centre of a constitutional petition filed by the GEMA Watho Association.
In his ruling, Justice Lawrence Mugambi stated that it would be premature to issue a declaration on Murkomen’s suitability for office without concrete evidence showing that his comments had been acted upon by law enforcement authorities.
The GEMA Watho Association had sought a declaration that the Cabinet Secretary’s utterances violated several provisions of the Constitution as well as international human rights instruments. The petition cited breaches of Articles 26 (right to life), 28 (human dignity), 37 (freedom of assembly), 50 (right to a fair hearing), and 244 (police professionalism).
Among the key requests in the petition was a declaration that Murkomen’s conduct was incompatible with the responsibilities, character, and ethical expectations of a public officer under Chapter Six of the Constitution, and that he was therefore unfit to continue holding office.
However, Justice Mugambi noted that the National Police Service Act provides a clear command structure outlining who can lawfully issue operational orders to police officers. Without evidence that the Inspector General of Police or any officers under his command had implemented Murkomen’s remarks, the court found no sufficient basis to conclude that his statements had led to constitutional violations or abuse of office.
The petition also sought mandatory orders compelling the Ethics and Anti-Corruption Commission (EACC) to investigate the CS and asked that the Attorney General advise on his potential removal from office. In addition, the petitioners requested an injunction to stop Murkomen from making similar statements in future, along with a public apology to be issued through the media.
The proceedings are scheduled to continue before Justice Bahati Mwamuye on October 27, 2025.
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