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Post Reply: Kenyan Interior CS Murkomen Defends Terrorism Charges Against Protesters, Sparks Controversy

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 23, 2025, 8:57 am</div><div id="pl-7141"  class="panel-layout" ><div id="pg-7141-0"  class="panel-grid panel-no-style" ><div id="pgc-7141-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7141-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="0 0 []">Interior Cabinet Secretary Kipchumba Murkomen has robustly defended the government's decision to charge anti-government protesters with terrorism-related offenses, igniting a fierce debate over the state's handling of dissent. Speaking at the Bomet IAAF Stadium, where he was hosted by the Bomet Administration Police Football Club, Murkomen challenged critics of the Directorate of Criminal Investigations (DCI), the Office of the Director of Public Prosecutions (ODPP), and the judiciary to justify their opposition to the terrorism charges. He argued that actions such as burning police stations, stealing firearms, and torching judicial buildings and private businesses constitute acts of terrorism under Kenya's Prevention of Terrorism Act.</p>
<p dir="ltr">Murkomen's remarks come in the wake of widespread protests on June 25 and July 7, 2025, which saw significant violence, including attacks on government infrastructure. According to Murkomen, nearly 1,500 suspects have been arrested in connection with these incidents, with charges ranging from terrorism and murder to arson and malicious property damage. He emphasized that the government's crackdown would persist, stating, "The government will be firm on the matter, and however long it takes to get those involved, there is no going back on it. Order must prevail in the country." He further asserted that those orchestrating or financing criminal activities under the guise of protests would face terrorism charges, dismissing the notion that terrorists are confined to remote regions like Boni Forest or Mandera.</p>
<p dir="ltr">The Interior CS's stance has drawn sharp criticism from human rights activists and legal bodies, who accuse the government of weaponizing anti-terrorism laws to suppress dissent. The arrest of prominent human rights activist Boniface Mwangi, initially charged with facilitating terrorist activities during the June 25 protests, has been a focal point of contention. Mwangi's charges were later downgraded to possession of ammunition without a valid firearm certificate after teargas canisters and a blank round were allegedly found at his office. Mwangi, released on bail, vehemently denied the accusations, declaring, "I'm known as a human rights defender, not a terrorist. The only thing that can stop me is a bullet in my head, but as long as I'm alive, I'll keep organizing for regime change."</p>
<p dir="ltr">The Law Society of Kenya (LSK) has condemned the protests' infiltration by "armed, hired goons," alleging that political actors sponsored these groups to discredit peaceful demonstrations. The LSK's statement highlighted concerns over state-backed violence, noting that groups of men armed with batons were seen attacking civilians alongside police in Nairobi. Critics, including Siaya Governor James Orengo, have called the terrorism charges "ridiculous," arguing that they undermine Kenya's criminal justice system and international counterterrorism cooperation. The Police Reforms Working Group (PRWG) echoed these concerns, warning that the misuse of the Prevention of Terrorism Act risks damaging Kenya's global standing.</p>
<p dir="ltr">Murkomen's earlier controversial directives have also fueled the debate. On July 9, President William Ruto instructed police to shoot looters and arsonists in the leg if deemed a threat, a directive Murkomen later escalated by ordering officers to shoot protesters approaching police stations. Although he attempted to clarify these remarks following public outcry, he did not rescind the order. The Kenya National Commission on Human Rights (KNCHR) reported that at least 38 people were killed and 130 injured during a protest earlier in July, with conflicting government figures citing 42 deaths, including 496 injured law enforcement officers. Murkomen defended the government's data, sourced from National Police Service (NPS) records, while acknowledging that some reported fatalities might not be directly linked to the protests.</p>
<p dir="ltr">The unrest has seen unprecedented attacks on police infrastructure, with nine police stations attacked, five of which were torched, and five firearms stolen. Over 50 police officers have reportedly been injured. Murkomen described these acts as "raw and unprecedented terror" perpetrated by "marauding gangs of looters and barefaced anarchists." He praised the judiciary for cooperating with security agencies, allowing sufficient time for investigations, and expressed confidence that successful prosecutions would deter future violence.</p>
<p dir="ltr">Public reaction has been polarized. Some Kenyans support Murkomen's hardline stance, citing the need to restore order amid widespread destruction. Others, including civil society groups like Katiba Institute and the Kenya Human Rights Commission, have filed petitions to remove Murkomen from office, arguing that his directives, particularly his earlier shoot-to-kill remarks, violate constitutional provisions and incite unlawful police actions. These groups have sought a court ruling declaring Murkomen unfit for public office, pointing to his alleged breach of Article 245 of the Constitution, which vests operational command of the police solely with the Inspector-General.</p>
<p dir="ltr">Murkomen's comments have also drawn ire from political figures. Former Makueni Governor Kivutha Kibwana accused him of endorsing extrajudicial killings, while ODM leader Raila Odinga criticized the shoot-to-kill remarks as unconstitutional. In response, Murkomen cited the National Police Service Act, which permits the use of firearms in self-defense or to protect property, and invited critics like Kibwana for further dialogue. He also dismissed accusations of a special police squad targeting protesters, calling such claims unconstitutional and promising a policy directive on the use of force by police.</p>
<p dir="ltr">As Kenya grapples with the aftermath of the protests, the debate over the terrorism charges continues to intensify. The government maintains that its actions are necessary to safeguard democracy and public safety, while critics argue that the state is criminalizing dissent to silence opposition. With ongoing investigations by the Serious Crimes Unit and the Anti-Terrorism Police Unit, the nation awaits judicial outcomes that could set a precedent for how protest-related violence is addressed in the future.</p>
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