Murkomen extra-judicial order evokes fear

Interior Cabinet Secretary Kipchumba Murkomen.[Peter Ochieng, Standard]

Interior Cabinet Secretary Kipchumba Murkomen has put the National Police Service under fresh scrutiny after appearing to invoke extra-judicial measures while directing officers to crack down on the distribution of illicit alcohol.

Speaking in Kabarnet, Baringo County, over the weekend, Murkomen ordered police to pursue illegal brewers, citing a notorious brewer reportedly operating in the town. He went further, however, by referring to measures allegedly used by the Government to tackle banditry in the Kerio Valley.

What appeared to be a routine directive against illicit brews has opened a fresh debate over the limits of police powers, due process and the Interior Ministry’s approach to law enforcement.

“I have heard that there is one woman who has been to court and out. Tell her I was here and I have ordered that she abandon the sale of illicit brew harming people’s children,” Murkomen told residents.

While addressing residents and questioning the ingredients used to make the illicit brew, Murkomen referred to the woman as Targok, a name he said was used by locals who he described as her customers. He alleged that she had been using ethanol to produce the illicit alcohol

Murkomen said the illicit brew menace must end in Kabarnet.

In remarks that appeared to suggest potentially lethal consequences, the Interior CS told residents to convey a warning to the woman, drawing a comparison with people previously accused of dealing in illegal firearms and ammunition in banditry-prone areas.

“Tell the lady she is not the first one. We had people who used to sell guns and ammunition and steal livestock. Tell her to visit Baringo North, Tiaty and proceed to Elgeiyo Marakwet and Pokot and ask where those who used to sell guns and ammunition went to,” Murkomen said.

He added that if the woman did not stop selling illicit brew, she would join them wherever they were.

“And if she doesn’t stop selling the illicit brew she will join them and stay with them. We are done with the idea of going to court. Tell her this is the last warning,” Murkomen said.

The CS ordered the County Police Commander and the County Commissioner to take action against the woman.

“From today you know what to do and if you are unable, let me know. I will send people to assist you deal with the lady, and not only her but any person transporting, stocking ethanol and other illicit brew that has crippled the lives of people must be sorted once and for all,” he said.

He warned the two officials that their jobs were on the line, telling them they had to choose between dealing with Targok and keeping their positions.

Murkomen further used an analogy involving methods of killing a rat, saying there were several ways of doing so, including setting a trap, stoning it or poisoning it. Where there were many rats, he said, an entire house could be set ablaze.

The remarks have raised questions over whether enforcement against illicit alcohol can be conducted outside established procedures for investigation, arrest and prosecution.

The remarks came shortly after police and local administrators reportedly uncovered a secret underground chamber beneath a bathroom in Kabarnet that was allegedly being used to conceal illicit brew.

The raid was conducted at a home with more than six gates. However, the person of interest identified as Targok, who is reportedly linked to the illicit alcohol trade, escaped during the operation.

The controversy comes against the backdrop of a 2023 High Court decision that set standards for the prosecution of people accused of dealing in illicit alcohol.

In February 2023, Justice Mumbua T. Matheka ruled in an appeal involving Peter Kipsang Koech, who had been convicted and sentenced to three years in prison after being found in possession of 40 litres of suspected chang’aa.

The decision underscored the importance of evidence in prosecuting illicit-alcohol offences, rather than relying solely on an officer’s identification of a substance as chang’aa.

Justice Matheka noted that the law had raised the evidentiary threshold for offences involving alcoholic drinks. A drink could no longer simply be identified as chang’aa by name, she said, and its alcoholic content had to be established.

Koech had appealed against the lower court decision. Court records indicated that he was a repeat offender and had previously been arrested and fined for similar offences.

Justice Matheka observed that the lower court had dealt with the case in a manner similar to the previous legal regime, under which determining whether a substance was chang’aa could effectively depend on the assessment of local administration or police officers.

Murkomen’s remarks also revive memories of previous government directives issued in the North Rift in response to insecurity.

In March 2022, the Government issued a shoot-to-kill order against armed bandits in parts of the region. In June 2015, a similar directive was issued against bandits, arsonists, cattle rustlers and people illegally possessing firearms after retired Loruk chief Wilson Chebungei was shot by bandits and businesses were razed.

In September 2023, then Interior CS Kithure Kindiki, now Deputy President, issued a shoot-to-kill order against criminals targeting security officers.