Firearms can only be used in self-defence, Interior CS Murkomen says
By Zadock Angira, July 19, 2025Police officers may use force and firearms only to the extent required for the performance of their duty, and the force must never be used as a form of extrajudicial punishment.
According to a policy directive issued to the Inspector General of Police by Interior Cabinet Secretary Kipchumba Murkomen, force or firearms can only be used in self-defence or defence of others against the imminent threat of death or serious injury, and there is no other way to prevent the danger.
The officers are also expected to, as far as possible, apply non-violent means before resorting to the use of firearms.
They are also expected to exercise heightened caution when interacting with children, persons with disabilities, older persons and gender-based vulnerable groups, ensuring that all interventions remain sensitive, proportionate and non-discriminatory.
CS Murkomen said the aim of the policy is to ensure that there is an efficient and consistent approach adopted across the National Police Service regarding the use of force.
Legitimate enforcement
According to the directives, any use of force must be lawful, proportionate and reasonable in the circumstances to achieve a legitimate law enforcement objective, and no additional force is lawful when a suspect is safely and lawfully detained.
“The use of force shall be no more than the minimum reasonably necessary in the circumstances,” the directives read.
However, whenever the lawful use of force is unavoidable, the officers must exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved.
They should also minimise damage and injury, and respect and preserve human life; ensure that assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment; and also ensure that the Independent Policing Oversight Authority (IPOA) is notified at the earliest possible moment.
In the dispersal of assemblies that are unlawful but non-violent, law enforcement officials shall avoid the use of force or, where that is not practicable, shall restrict such force to the minimum extent necessary.
In discharge of its obligations under Article 37 of the Constitution, the National Police Service shall provide adequate security to persons lawfully and peacefully assembled and shall take all reasonable measures to shield them from violence, intimidation or other interference by third parties.
Police officers have the right to defend themselves from unlawful physical violence. In determining the proportionality of force to apply, the officers are expected to consider the person’s behaviour and their level of resistance, if the person refuses to comply or exhibits body language indicating noncompliance.
“Police officers act with self-control and tolerance, treating members of the public and colleagues with respect and courtesy,” the directives read.
It adds: “The officers shall deploy strategies and techniques to manage potentially volatile situations by reducing the likelihood of force and promoting peaceful resolutions.”
According to Murkomen, all the officers deployed to enforce law and order shall be selected by proper screening with appropriate moral, psychological and physical qualities for the effective exercise of their functions and receive continuous and thorough professional training.
Their continued fitness to perform these functions should be subject to periodic review, and the National Police Service will be conducting regular de-escalation training programs to equip officers with the necessary skills and knowledge to effectively implement de-escalation strategies in diverse situations.
Equally, officers deployed will be equipped with appropriate crowd control facilities and self-protective gear commensurate with prevailing operational risks.
The National Police Service Commission (NPSC) shall give special attention to issues of police ethics, mental health and human rights, alternatives to the use of force and firearms, peaceful settlement of conflicts, the understanding of crowd behaviour, and the methods of persuasion, negotiation and mediation with a view to limiting the use of force and firearms.
Impartial inquiries
Any officer accused of use of force shall be afforded legal representation arranged in liaison with the Office of the Attorney-General to ensure due process safeguards.
In investigating such cases, the Directorate of Criminal Investigations (DCI) shall embed qualified personnel within investigative teams to facilitate prompt, impartial inquiries.
The NPS is also expected to establish measurable Key Performance Indicators (KPIs) and maintain a centralised data management system capturing all reportable force incidents; public complaints and their disposition; and completion rates for mandatory training.
It is also expected to promote progressive use of technology, including fixed closed-circuit television systems (CCTVs), body-worn cameras and other digital evidence capture tools with a view to enhancing operational transparency and safeguarding the evidential integrity of all use of force inquiries.