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“You Were My Student” Kibwana’s Stern Reproach
In a strongly worded statement shared on X (formerly Twitter) on Saturday, June 28, Kibwana who is also a seasoned lawyer and professor expressed disbelief that Murkomen, once his law student, would make such remarks.
“Do you know that due to your shoot-live to murder command, you will now and in the future be held accountable for every extrajudicial extermination, officer of the court?” Kibwana posed.
Murkomen Defends the Order After Public Backlash
Following fierce criticism from the public and legal experts, Murkomen attempted to clarify his remarks, stating that the shoot-to-kill directive was not meant to be used “recklessly.”
“We are just trying to protect officers whose lives are in danger,” he said. “Those trying to steal guns from police stations should not be treated lightly.”
On Wednesday, the CS had confirmed that five guns were stolen from Dagoretti Police Post during the nationwide protests held on June 25.
Legal View: When Can Police Use Firearms?
According to the National Police Service Act, officers may use firearms only as a last resort, particularly in life-threatening situations or when less extreme means are inadequate.
The law stipulates that any officer intending to use firearms must identify themselves and issue a clear warning unless doing so places them or others at immediate risk.
“Any use of a firearm, even if there’s no injury, must be reported immediately to a superior,” the Act reads.
Public Accountability and Future Litigation
Legal experts warn that Murkomen’s directive could expose him to future litigation for potential extrajudicial killings carried out under his orders.
Kibwana concluded his remarks by warning that history and the courts would eventually catch up with such commands that contravene human rights and constitutional protections.
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