When Kenyan Police Can Use Firearms? (And When They Can't)

Belgut Member of Parliament Nelson Koech, who also chairs the influential National Assembly’s Defence, Intelligence and Foreign Relations Committee, has stirred significant controversy by publicly calling for the use of extreme force by police officers against violent protesters.

Speaking recently, MP Koech unequivocally stated that police should “shoot to kill” if they determine that their lives are in danger.This incendiary statement directly contradicts an earlier, already controversial, directive by President William Ruto, who had instructed police to “shoot protesters on the leg” as a way to stop violence without taking lives.

“I want to thank President Ruto,” Koech said, before making his own escalation. “Yesterday, the moment you said shoot but do not kill, I want to repeat it here—in fact, shoot and kill!”

While the President’s instruction itself had drawn criticism for its implications on the use of force, Koech’s remarks have intensified public concern and ignited a fierce debate about police conduct and human rights in Kenya, especially in the wake of the recent Saba Saba protests where at least 11 protesters died, and reports of a police officer, Hiram Kimanthi, publicly denouncing shoot-to-kill orders.

Legal Experts and Human Rights Groups Condemn Statements

Legal experts and human rights organisations have swiftly pointed out that both the President’s and MP Koech’s statements flagrantly violate the Kenyan Constitution and international law.

According to Article 238 of the Kenyan Constitution and the National Police Service Act, police officers may only use force when it is absolutely necessary, proportionate to the threat, and used strictly as a last resort.

The law is particularly clear about the use of firearms: they may only be deployed when there is an immediate threat to life or a clear risk of serious injury.

Criminal acts such as looting or property destruction, while unlawful and deserving of legal action, do not meet the legal threshold for the use of potentially lethal force—not even shooting someone in the leg.

Additionally, Article 37 of the Kenyan Constitution guarantees every individual the fundamental right to peacefully assemble, demonstrate, picket, and present petitions to public authorities, so long as these activities are conducted unarmed and without violence.

In practice, police officers are explicitly required to prioritise non-lethal methods—such as tear gas, rubber bullets, or water cannons—before ever resorting to firearms.

They are also obligated to pursue arrest and prosecution through established legal procedures when dealing with lawbreakers, ensuring due process.

Furthermore, in Kenya, a soldier is legally obligated to disobey a manifestly illegal order, such as a "shoot to kill" order targeting civilians.

Following such an order would constitute a clear violation of both Kenyan law and international humanitarian law, and could result in severe criminal liability for the individual soldier.

Commanders also bear a profound responsibility for ensuring that their troops are fully aware of and strictly adhere to the law of armed conflict.

They are responsible for ensuring that soldiers are adequately trained in the law and that their conduct in all operations consistently respects legal parameters.