Rights lobby Katiba Institute has escalated its court battle against Interior Cabinet Secretary Kipchumba Murkomen, asking the High Court to hold him personally liable for deaths and serious injuries allegedly linked to police actions after his controversial remarks on the use of firearms.

In an amended petition filed before the High Court, Katiba Institute claims Murkomen crossed a constitutional red line when he allegedly told police officers that their guns were “not toys” and directed them to shoot anyone approaching a police station or threatening the life of an officer.

The lobby argues that the remarks were not harmless political speech, but an unlawful directive capable of emboldening excessive and unconstitutional use of force by police officers.

Katiba wants the court to declare that Murkomen acted outside his constitutional mandate by purporting to guide police officers on how to discharge their operational duties, a function the Constitution reserves for the Inspector-General of Police.

According to the petition, the Interior CS has no authority to issue operational commands to police officers or interfere with the independent command structure of the National Police Service.

The institute now wants Murkomen found personally liable for harm allegedly arising from the remarks, including deaths and serious injuries said to have resulted from police action from June 26, 2025, until the date he publicly retracts and clarifies the statements.

Katiba is also seeking incidental, consequential, general and aggravated damages for victims who died or suffered serious injuries as a result of what it describes as unlawful police conduct encouraged by the remarks.

The lobby further wants the court to compel Murkomen to issue public retractions through newspapers, television broadcasts and a press conference, all at his personal expense.

In the proposed retractions, Katiba says Murkomen should clearly explain the legal limits on the use of force and firearms by police officers, including the standards already pronounced by Kenyan courts.

The petitioners also want the court to issue a structural interdict requiring Murkomen to file a compliance report within 30 days of judgment, showing the steps he has taken to comply with any orders issued.

Katiba argues that the remarks violated constitutional principles on leadership, integrity, accountability and respect for human rights, and demeaned the office of Cabinet Secretary.

The lobby further claims Murkomen breached the oath of office taken by Cabinet Secretaries by allegedly encouraging conduct inconsistent with the Constitution and the rule of law.

It is also asking the court to order Murkomen to personally shoulder the costs of the case, despite the matter having been filed in the public interest.

The amended petition is dated May 19, 2026, and is being pursued by advocate Kevin Walumbe on behalf of the petitioners.