The High Court has dismissed a petition seeking to declare Interior Cabinet Secretary Kipchumba Murkomen unfit to hold public office following controversial remarks he made during a public address in Kikuyu Town, Kiambu County, on June 26, 2025.

Murkomens comments drew sharp criticism from civil society organizations and legal experts, leading the GEMA Watho Association to file a constitutional petition accusing him of breaching several constitutional and human rights provisions.

In its petition, the group argued that the CSs remarks violated key constitutional rights, including the right to life (Article 26), human dignity (Article 28), freedom of peaceful assembly (Article 37), the right to a fair hearing (Article 50), and police professionalism (Article 244).

Among the key reliefs they sought was:

A declaration that the conduct of the 1st Respondent is incompatible with the responsibilities, character, and ethical expectations of a public officer under Chapter 6 of the Constitution of Kenya, 2010, and that he is therefore unfit to hold public office.

But Justice Lawrence Mugambi, who presided over the matter, ruled that it was premature to make such a declaration. He emphasized that there was no evidence showing that law enforcement agencies had acted on Murkomens remarks.

He further clarified that the National Police Service Act clearly defines the chain of command and specifies who can issue operational instructions to the police. Without proof that the Inspector General or officers under his command had responded to the CSs statement, the court could not link the remarks to any constitutional violations or abuse of office.

In addition to seeking a declaration of unfitness, the GEMA Watho Association also urged the court to compel the Ethics and Anti-Corruption Commission (EACC) to investigate Murkomen and asked the Attorney General to advise on possible removal from office.

They also sought an injunction to prevent the CS from making similar statements in the future and demanded a public apology to be issued through the media.

The case will continue on October 27, 2025, before Justice Bahati Mwamuye.