As Kenya navigates a period of heightened social and political tension, marked by recent citizen-led protests, a statement from a prominent legislator has ignited a fiery national debate on the boundaries of policing. Belgut Member of Parliament Nelson Koech, who chairs the powerful National Assembly’s Defence, Intelligence and Foreign Relations Committee, has publicly advocated for the use of "extreme force," including a "shoot to kill" directive, against violent protestors. His remarks, made in Chebirbei, Kericho County on Wednesday, have sent shockwaves through a society already grappling with questions of police accountability and the right to peaceful assembly.

MP Koech's comments went beyond merely defending President William Ruto’s earlier directive for police officers to "shoot at the legs" of demonstrators. Instead, Koech controversially asserted that the response should, in fact, be "shoot to kill" rather than "shoot to injure." "I want to thank President Ruto. Yesterday, the moment you said shoot but do not kill, I want to repeat it here, in fact shoot and kill!" Koech declared, a statement that quickly drew widespread condemnation and alarm.

The legislator justified his extreme stance by citing concerns over the escalating destruction of property and loss of lives, which he attributes to "violent protestors" who he claims have "hijacked" the recent wave of demonstrations. "You can’t have someone coming after your life and you don’t want to shoot and kill, you can’t have someone who is going to terrorize you and your family, and you are telling me you can’t shoot and kill, you can’t have someone who is coming after your businesses armed and with weapons and you can’t use shoot and kill," Koech emphasized, painting a grim picture of threats faced by citizens and police alike.

Koech further anchored his arguments in the Constitution and the National Police Service Act, asserting that these provisions grant law enforcement officers powers regarding the use of arms in protest oversight and control. He specifically referenced the Sixth Schedule of the National Police Service Act, stating, "The Constitution, the police act has given police the powers to use their arms where they have evaluated the risks and that their lives is in danger."

However, this interpretation sparks immediate friction with established legal principles and human rights norms. While the National Police Service Act indeed permits the use of firearms when less extreme measures are inadequate and for purposes like saving lives, self-defense against imminent threat of death or serious injury, and even protection of life and property, it also explicitly mandates that police officers must first attempt non-violent means. Any force used must be proportional to the objective and the resistance faced. International human rights law, which Kenya is signatory to, generally restricts the use of lethal force to situations where there is an imminent threat of death or serious injury, not merely property damage or preventing escape. Furthermore, the Kenyan Constitution guarantees the right to life (Article 26) and the right to peacefully and unarmed assemble, demonstrate, picket, and present petitions (Article 37). MP Koech's "shoot to kill" rhetoric risks undermining these foundational principles and fueling an environment of fear and excessive force. The public uproar following his remarks underscores the deep public concern over police brutality and accountability.