By Mandere Onyinkwa
The Law Society of Kenya (LSK) has criticized remarks made by Cabinet Secretary (CS) for Interior and National Administration, Kipchumba Murkomen, regarding the enforcement of court orders.
In a statement issued on September 15, 2025, LSK said Mr. Murkomen’s comments, made during a Citizen TV interview, amounted to elevating the Executive above the law.
“By proposing that court orders are subject to interpretation by the Executive, Mr. Murkomen has elevated himself, the National Police Service and the Executive arm of Government to a non-existent pedestal of supremacy in law, where compliance with court orders is a matter of choice and convenience,” said LSK President Faith Odhiambo.
The society reminded the government that court orders are binding unless set aside by a competent court.
“There is no discretion when it comes to compliance with court orders. There is only one duty – to comply and not to decide how to comply,” the statement said.
The controversy stems from a High Court ruling delivered in April 2025, which found that police officers violated the Constitution by disguising themselves in civilian clothes, balaclavas, and unmarked vehicles to arrest protestors.
Murkomen suggested the ruling could be overridden by “necessity.”
LSK dismissed this argument, warning officers against disguising themselves during demonstrations.
“Should any police officer disguise themselves during any demonstrations, the same will be considered a deliberate act of contempt against court orders,” Odhiambo said.
She added that culpable officers would face prosecution, and further urged the public to report any violations.
“We urge all members of the public to identify and report any and all officers found to be acting contrary to this court order,” Odhiambo said.