Kaluma cites Police Act after Ruto’s warning to protestors
Homa Bay Town Member of Parliament George Peter Kaluma has drawn attention to the legal framework governing the use of firearms by police, shortly after President William Ruto issued a firm warning to protestors engaging in looting, arson, and attacks on law enforcement.
Kaluma took to his X page on Wednesday, July 9, 2025, to remind the public of the National Police Service Act, which outlines the legal conditions under which force may be used.
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Kaluma directly tagged the President’s remarks and suggested that he was reinforcing the legal basis for Ruto’s firm stance while cautioning that any use of force must strictly follow the law.
According to the act he shared, the use of firearms is only permitted when less extreme measures are insufficient and when the objective is to save or protect life, act in self-defence or defend others from imminent threat, or protect life and property through justifiable force.
Additionally, firearms may lawfully be used to prevent a person charged with a felony from escaping lawful custody or to stop anyone attempting to rescue such an individual from custody.
“National Police Service Act. Section B – Conditions as to the Use of Firearms. Firearms may only be used when less extreme means are inadequate and for the following purposes: saving or protecting the life of the officer or other person; in self-defence or defence of another person against imminent threat of life or serious injury; protection of life and property through justifiable use of force; preventing a person charged with a felony from escaping lawful custody; and preventing a person who attempts to rescue or rescues a person charged with a felony from escaping lawful custody.”
Kaluma further noted that the law requires any officer intending to discharge a firearm to first identify themselves and issue a clear warning about their intention to use the weapon.
The law provides that this warning should allow sufficient time to be observed, except in situations where doing so would endanger the life of the officer or others.
“An officer intending to use firearms shall identify themselves and give clear warning of their intention to use firearms, with sufficient time for the warning to be observed, except where doing so would place the officer or other person in danger of death or serious harm.”
President Ruto, during his earlier statement, asserted that any assault on police officers or invasion of police stations amounted to a declaration of war against the Republic of Kenya.
He maintained that his administration would not tolerate further destruction of public and private property and vowed to protect the livelihoods and businesses of Kenyans by all means available under the law.
“Anyone who burns someone else’s business or any other person’s property—such a person should be shot in the leg, taken to the hospital, and then presented in court.
“And I want to tell Kenyans clearly—anyone who attacks a police officer, anyone who invades a police station—that is a declaration of war in the Republic of Kenya. I do not know if we are understanding each other, my friend. Enough is enough. It cannot go on any longer,” he said.
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Steve Ireri
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