Murkomen Order; What The Law Says On Use Of Firearms By Police

An advise by Interior Cabinet Secretary Kipchumba Murkomen to police to use their weapons when attacked or invaded by criminals has attracted varied opinion.

The CS, who was attending a graduation ceremony at the Border Police Training Campus in Kanyonyo, Kitui County on Friday clarified that security agencies are well-trained and aware not to misuse their authority.

“We have not told police to misuse their weapons.

We are reminding and defending them on their safety. They know well,” he said.

The ministry has come out to explain he did not issue a shoot to kill order.

“He advised police officers to be alert under situations of criminal acts and when their stations of duty are attacked or invaded by criminals,” a statement said.

The law provides that police officers can use proportional force to protect lives and property, whether that property is public or private

property, and whether that life is of an ordinary citizen, a leader or a police officer.

“It ceases being a right to demonstrate when some citizens or criminals depart from the object or subject of demonstration and engage in lawlessness and outrightly unlawful endeavours.”

“When this happens, the sixth schedule of the National Police Service Act (2011) provides a clear use of firearms framework that guides police conduct when they are exposed to risky situations,” the statement added.

According to the Act, police officers are required to use peaceful and non-violent means as their first course of action, like talking or warning someone, before using force

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