Interior and National Administration Cabinet Secretary Kipchumba Murkomen has issued his first major policy directive aimed at reforming how police officers in Kenya use force and firearms.
In the directive, released on Friday, July 18, and addressed to Inspector General of Police Douglas Kanja, Murkomen seeks to align police conduct with constitutional and human rights standards while promoting transparency and accountability.
“I have issued a policy directive on the use of force and firearms pursuant to Article 245(4) of the Constitution, the National Police Service Act, and relevant court decisions,” said the CS.
Murkomen emphasized that the directive excludes contested provisions under Part B, paragraphs 1(c), (d), and (e), and is rooted in Articles 245(4) and (5) of the Constitution, as well as Sections 61, 6A, and 6B of the National Police Service (NPS) Act.
Key Highlights of the Directive
The policy defines “use of force” as any application of physical power—including restraints or weapons—used to compel compliance or overcome resistance. It stresses that such force must only be applied as a last resort, in a manner that is lawful, necessary, proportionate, and accountable.
“A police officer may use force only to the extent required for the performance of duty,” the directive states.
“Force must never be used as a form of extrajudicial punishment. No additional force is lawful once a suspect is safely and lawfully detained.”
Murkomen directed the NPS to prioritize de-escalation tactics, ensuring that officers explore non-violent alternatives before engaging force. Officers are required to consider the seriousness of the offence, the degree of resistance, and any imminent threat before applying force.
Limits on Firearms, Protection of Peaceful Protesters
The directive places strict limits on the use of firearms, allowing their use only when there is a clear threat to life or risk of serious injury, and when no other means are available to neutralize the danger.
Murkomen further instructed that officers must notify the Independent Policing Oversight Authority (IPOA) promptly after any firearm-related incident.
On managing public gatherings, the policy states that no force should be used to disperse unlawful but non-violent assemblies. Police must also safeguard peaceful protesters from interference or violence, in line with Article 37 of the Constitution.
Special Protection for Vulnerable Groups
The directive emphasizes special care when handling children, older persons, people with disabilities, and other vulnerable populations. In such instances, any necessary force must be sensitive, non-discriminatory, and proportionate.
Professional Standards and Accountability Measures
Murkomen’s directive places strong emphasis on ethics, professionalism, and training within the police service.
Police officers must exercise self-control, respect the public, and apply de-escalation strategies to avoid conflict. They are also required to undergo continuous training in ethics, mental health, human rights, and peaceful conflict resolution.
The policy mandates regular screening and performance evaluations to assess officers’ mental, physical, and ethical readiness.
The National Police Service Commission has been tasked with reinforcing these standards during recruitment, training, and deployment.
“All officers accused in connection with use-of-force incidents shall be afforded legal representation in coordination with the Office of the Attorney-General to ensure due process,” the directive states.
Oversight, Data Tracking, and Investigations
To strengthen accountability, the NPS is required to implement a centralized data system to monitor all use-of-force incidents, public complaints, training progress, and other performance indicators.
The Directorate of Criminal Investigations (DCI) will embed qualified personnel in investigative teams to ensure timely and impartial probes into force-related incidents.
Officers involved in such incidents will be entitled to independent investigations under Section 24, Part III of the IPOA Act.
Murkomen concluded by instructing the Inspector General to ensure full compliance and awareness of the new directive across all ranks of the National Police Service.
