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* '''Quoted Statement:''' “''They should be shot in the leg if they try to burn roads or attack infrastructure.''”
* '''Quoted Statement:''' “''They should be shot in the leg if they try to burn roads or attack infrastructure.''”
* '''Context:''' Tweeted in response to youth protests that included symbolic takeovers of highways and roadblocks. His remarks went viral and triggered massive backlash from human rights organizations and civil society.
* '''Context:''' Tweeted in response to youth protests that included symbolic takeovers of highways and roadblocks. His remarks went viral and triggered massive backlash from human rights organizations and civil society.
=== '''Nelson Koech – MP, Belgut''' ===
* '''Date:''' July 1, 2024
* '''Quoted Statement:''' “''I want to thank President William Ruto for saying yesterday, shoot but do not kill. I want to repeat it here. In fact, shoot and kill. You cannot have someone coming after your life, and you do not want to shoot and kill''"
* '''Context and sources :https://eastleighvoice.co.ke/saba%20saba%20day%202025-saba%20saba%20day%20demonstrations-saba%20saba%20day%20protests-saba%20saba%20demonstrations-saba%20saba%20protests/177069/belgut-mp-nelson-koech-urges-police-to-shoot-to-kill-violent-protesters,https://www.citizen.digital/news/shoot-and-kill-mp-nelson-koech-defends-police-on-killing-violent-protestors-n366079, https://www.standardmedia.co.ke/article/2001523931/shoot-and-kill-belgut-mp-urges-lethal-force-against-rioters


=== '''Didmus Barasa – MP, Kimilili''' ===
=== '''Didmus Barasa – MP, Kimilili''' ===

Revision as of 12:06, 17 July 2025

Constitutional Implications and Youth Response

Overview

In June and July 2024, and again in 2025, top Kenyan government officials made inflammatory statements interpreted as incitement to use **lethal force** against peaceful protestors, especially youth-led demonstrators under the Gen Z banner. These remarks, coupled with actual police brutality, sparked national and global outcry and raised serious constitutional concerns.

Leaders and Their Exact Statements

President William Ruto

  • Date: June 25, 2024
  • Quoted Statement: “We will not allow anarchy. If they [protestors] threaten the peace, we will deal with them accordingly.”
  • Context: Made during a press address after Gen Z-led protests intensified across the country against the Finance Bill 2024. The statement was widely perceived as a veiled green light for use of force, especially after violent crackdowns ensued.

Kipchumba Murkomen – Cabinet Secretary, Transport

  • Date: July 1, 2024
  • Quoted Statement: “They should be shot in the leg if they try to burn roads or attack infrastructure.”
  • Context: Tweeted in response to youth protests that included symbolic takeovers of highways and roadblocks. His remarks went viral and triggered massive backlash from human rights organizations and civil society.

Nelson Koech – MP, Belgut


Didmus Barasa – MP, Kimilili

Kithure Kindiki – Cabinet Secretary, Interior (Indirect Reference)

  • Date: June 28, 2024
  • Statement: “Security forces have been instructed to neutralize any threats to national stability.”
  • While not explicitly saying “shoot to kill,” this was interpreted as endorsing use of lethal force during a time of escalating police violence.

What the constitution says Kenya 2010 constitution

📜 1. Right to Life – Article 26

“Every person has the right to life.” — Article 26(1) “A person shall not be deprived of life intentionally, except to the extent authorized by this Constitution or other written law.” — Article 26(3)

Interpretation: No authority, including the President, MPs, or the police, can issue an order to kill unarmed protesters. Shoot-to-kill orders violate this fundamental right.

🕊️ 2. Freedom of Assembly, Demonstration and Petition – Article 37

“Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.” — Article 37

Interpretation: This guarantees the constitutional right to peaceful protest. Any violent suppression of unarmed protestors is a violation.

👮 3. Use of Force by Police – Article 244 & National Police Service Act

“The National Police Service shall comply with constitutional standards of human rights and fundamental freedoms.” — Article 244(c) “...Shall strive for the highest standards of professionalism and discipline among its members.” — Article 244(d)

The National Police Service Standing Orders further require that use of force must be:

  • Proportionate
  • Necessary
  • Justifiable
  • A last resort

Interpretation: Shoot-to-kill orders are unconstitutional and contradict both the Constitution and police conduct guidelines.

⚖️ 4. Human Dignity & Protection from Torture – Articles 28 and 29

“Every person has inherent dignity and the right to have that dignity respected and protected.” — Article 28 “Every person has the right to freedom and security... which includes the right not to be treated or punished in a cruel, inhuman or degrading manner.” — Article 29(f)

Interpretation: These articles protect against state brutality, torture, or degrading treatment — especially toward protesters and detainees.

🗳️ 5. Sovereignty of the People – Article 1

“All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.” — Article 1(1)

Interpretation: This affirms that the people — not leaders — are the ultimate authority. Peaceful protest is a civic right and duty.

📚 Summary Table

Constitutional Article Right Protected Why "Shoot to Kill" Violates It
Article 26 Right to Life Extrajudicial killing is illegal
Article 37 Freedom to Protest Peaceful assembly is constitutionally protected
Article 244 Responsible Policing Prohibits excessive and unjustified force
Articles 28 & 29 Human Dignity & Security Bans torture, cruel or degrading treatment
Article 1 Sovereignty of the People Citizens have the right to protest and demand accountability


The Kenyan Constitution strictly prohibits shoot-to-kill directives against unarmed protesters. Peaceful protest is a protected right, and any state response must be lawful, measured, and grounded in respect for human rights.

Events Surrounding the Remarks

These statements came during a series of peaceful, digitally-organized youth protests including:

  • Occupy Parliament – June 18–25, 2024
  • Reject Finance Bill – June 2024
  • Occupy State House (Symbolic) – June 27, 2024
  • Occupy JKIA – July 1, 2024
  • #FallenHeroes Day – July 3, 2024
  • #TotalShutdownKE – July 5, 2024

Why It Matters to Gen Z

  • Many Gen Z activists were targeted, abducted, or killed despite organizing peaceful demonstrations.
  • Such directives aim to crush youth civic expression and dissent.

Legal and Ethical Expectations

  • Use of force must be justifiable and proportionate.
  • Protesters should be protected under law.
  • The Independent Policing Oversight Authority (IPOA) and Judiciary are constitutionally mandated to investigate and prosecute violations.

Reactions

  • Amnesty Kenya: Called the remarks “reckless and unconstitutional.”
  • KHRC: Filed legal actions and demanded prosecution of responsible leaders.
  • UN Special Rapporteur on Human Rights: Expressed concern over excessive force.
  • Youth & Civil Society: Massive backlash on social media and renewed protests across counties.

Consequences of Shoot-to-Kill Orders in Kenya (2024–2025)

🩸 Human Cost: Shoot-to-Kill Consequences

📍 Number of People Shot and Killed

According to the Kenya National Commission on Human Rights (KNCHR) and Amnesty International Kenya:

  • June 25, 2025 (anniversary of 2024 “Finance Bill” protests):
 - At least 75+ people were reported killed, and over **400 injured**, mostly by police live rounds and tear gas.
  • July 7, 2025 (Saba Saba Day):
 -  31 people killed by police nationwide; hundreds injured and arrested in 17 counties amid crackdowns.  
   <ref name="APSaba">{{cite news|title=Kenya’s latest anti-government protest surges to 31 dead
  • Across June–July 2025:
 - Total fatalities estimated at **≈70** and injuries around **553+**.  
 - Over 532 arrests recorded.  


Most victims were young people aged 16–30, including students and peaceful demonstrators.

> Note: These are officially confirmed deaths. Civil society groups believe the actual number is higher due to unreported or undocumented killings.

🔫 Number of People Shot and Injured

  • Over 500 people were injured, many with gunshot wounds, rubber bullets, or baton injuries.
  • Numerous victims were left permanently disabled.
  • Some were shot while fleeing or filming protests, indicating excessive and unjustified force.

🔍 Documented Cases

See Remembrance project on Wikizetu, documenting lives lost, state brutality, and youth resistance in the push for justice and democracy in Kenya.

🕊️ Abductions and Enforced Disappearances

  • Over 50 Gen Z protesters were abducted by plain-clothed officers.
  • Some returned with signs of torture, others remain missing.
  • Human rights groups have labeled this as state-sponsored repression.

⚖️ Accountability Status

  • Zero police officers prosecuted as of July 2025.
  • Investigations by IPOA have made little visible progress.
  • Families report threats or bribes to silence complaints.

📜 Impact on Society

  • Growing public distrust in the government and security forces.

Sources

More Sources

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