Interior Cabinet Secretary Kipchumba Murkomen has distanced himself from the recent wave of abductions in the country.
He now wants to be expunged from a suit filed by the Law Society of Kenya and another by Senator Okiyah Omtatah, which have named him as a respondent.
The CS, who assumed office on December 19, 2024, said his role does not extend to the operational or command functions of the police.
According to him, his mandate is limited to policy direction.
Murkomen said the constitutional responsibility of protecting lives and property lies with the Inspector General of police.
Through his lawyer, Danstan Omari, Murkomen stated that his inclusion in the petitions is unconstitutional and lacks legal merit.
“We have laid it bare that the mandate of protection of security of property and lives lies with the Inspection general of Police. Murkomen is on policy but as a citizen of this country and as a CS in charge of Interior security is concerned about the abductions and that is why he is condemning them,” stated Murkomen’s lead lawyer Danstan Omari.
Omari said that as Interior CS, Murkomen’s responsibilities are confined to providing written policy directives to the Inspector General of Police and participating in the National Security Council, which is chaired by the President.
“Policy direction does not include command or operational oversight of the police. The police service enjoys financial and operational autonomy as guaranteed by the Constitution,” Omari said.
Murkomen has yet to issue any policy directives since taking office and is currently familiarizing himself with the ministry’s operations.
Omari confirmed plans to file for the CS’s removal from the lawsuits, saying, “The petitions are misplaced, and there is no lawful or constitutional basis to enjoin the CS.”
While distancing himself from the operational aspects of policing, Murkomen condemned the abductions and extended his condolences to affected families. He pledged to oversee thorough investigations and ensure that those responsible, whether police officers, civilians, or foreigners, are brought to justice.
“Those who have abducted the young Kenyans whether they are police officers, citizens, or foreigners will face the full force of the Kenyan law and the CS is determined that whoever has committed an offence shall be held liable. Nobody is above the law according to the CS for Interior,” said Omari.
Murkomen says he is in the process of convening a meeting with all criminal justice actors; the Director of Public Prosecutions (DPP), the Director of Criminal Investigations (DCI), and the Inspector General of Police to discuss the question of abductions.
He said the DPP has already directed the IG and DCI to complete investigations into the abductions and submit their findings by January 15, 2025.
“The CS has told us to tell the country to take notice that the DPP gave instructions pursuant to Article 157 of the constitution to the Inspector General of police and the DCI to conclude investigations of all abductions and files to be forwarded to the (ODPP) by close of business January 15, 2025,” said Omari.
“So let us not jump the gun, let us not interfere with the ODPP directives; it is an independent constitutional office; the IG is an independent constitutional office that only takes directions from the on matters investigations from ODPP. It does not take instructions from the office of CS Interior.”
As he settles into his new role, Murkomen is expected to develop and implement policies aimed at enhancing the Interior Ministry’s effectiveness in addressing national security challenges.
LSK and Omtatah have sued the CS, IG, DCI, and the National Intelligence Service (NIS) to explain the abductions.
The National Police Service (NPS) through its spokesman Dr. Resila Onyango has denied involvement in the abductions, indicating the NPS is conducting investigations into the matter.