The Law Society of Kenya (LSK) and several civil society organisations have strongly condemned remarks attributed to the Coast Regional Police Commander Ali Nuno suggesting a “shoot-to-kill” approach in dealing with criminal gangs, warning that such statements undermine the Constitution and the rule of law.
Speaking during a joint press briefing, LSK President Faith Odhiambo said the National Police Service must operate strictly within the confines of the law, even amid heightened insecurity and public pressure to deal decisively with crime.
“We should remind the National Police Service of the importance of abiding by the rule of law,” Odhiambo said, adding that low public trust in the police requires restraint rather than escalation. “They should restrain themselves and use proportionate force.”
Odhiambo acknowledged public fear caused by vigilante groups and criminal gangs but insisted that suspects must be arrested and presented before court rather than subjected to extrajudicial action.
“All these vigilantes must be dealt with in accordance with the law. Let them be arrested and presented before court rather than a situation where we are seeing orders of shoot-to-kill,” she said, warning that such directives risk mistaken identity and unlawful loss of life.
Grace Wangechi, Executive Director of the Independent Medico-Legal Unit (IMLU), said the organisations stood with families affected by violence but maintained that lethal force cannot be the default response.
“The mitigation to criminal gangs taking control is definitely not a shoot-to-kill order,” Wangechi said, noting that law enforcement must prioritise prevention and lawful responses to insecurity.
Undugu Society of Kenya Executive Director Eric Mukoya called for strengthened community policing and trust-building between the public and the police, saying crime cannot be fought through lawlessness.
“You cannot fight lawlessness with lawlessness. Kenya operates in a democratic policing setup under the 2010 Constitution,” Mukoya said, adding that the rule of law must remain the guiding principle in crime prevention.
The speakers further cited domestic and international standards governing the use of force, including provisions in the National Police Service Act, which require firearms to be used lawfully, proportionately and accountably.
“When we talk about shoot-to-kill, we are starting to move away from our constitutional tenets and getting into anarchy,” one speaker noted, urging intelligence-led policing and cooperation with communities to improve safety.
Vocal Africa Chief Executive Officer Hussein Khalid said police commanders must make it clear that human life is protected under the Constitution and that policing in the region will be conducted lawfully.
“Extrajudicial killings have increased significantly in Kenya, and the use of excessive force by police has also escalated. In this context, it is extremely dangerous to hear a senior police officer make statements that lead the public to believe a shoot-to-kill order has been issued. We strongly oppose this and insist that the law and the Constitution must be fully respected,” said Khalid.
The groups called on the Coast Regional Police Commander to clarify his remarks if misquoted and urged all officers to comply with the Constitution, police standing orders and human rights standards in addressing insecurity.
“In summary, we are saying that adherence to the Constitution and the law is not optional for the police or for anyone else in this country. Obeying the Constitution and the law is mandatory, especially for police officers who have sworn to protect life and property. As my colleagues have said, you cannot fight lawlessness by breaking the law yourself,” said Hussein Khalid.