By Peter Marango Mwibanda.
Legal Analyst, Law Student & Political Commentator
BUNGOMA, Kenya (IP) — President William Ruto’s recent remarks urging security forces to “shoot protesters in the leg” represent a grave threat to Kenya’s constitutional order and could open the door to international criminal prosecution, a legal expert has warned.
In a sharply worded opinion, Peter Marango Mwibanda — a Bungoma-born law student and political commentator — said the President’s directive, issued amid ongoing nationwide protests, could amount to a crime against humanity under the Rome Statute, to which Kenya is a signatory.
“No law — domestic or international — permits a leader to order the deliberate shooting of unarmed civilians, even under the guise of maintaining law and order,” Mwibanda wrote.
The President’s remarks came as security forces cracked down on demonstrators protesting against high living costs, taxes, and governance failures.
Human rights organizations have linked several deaths and injuries to police actions since the protests began in late June.
While Kenya’s constitution provides immunity to a sitting president from local prosecution, international law does not offer such protection in cases of crimes against humanity or other serious violations.
“If President Ruto’s shoot-to-injure order is implemented — and there is already evidence that it has — the trail of responsibility leads to State House,” Mwibanda said.
Citing the Rome Statute and precedent from other nations, Mwibanda warned that continued use of excessive force could eventually draw the attention of the International Criminal Court (ICC), where Ruto himself was previously indicted in relation to the 2007-08 post-election violence.
Mwibanda called on the President to withdraw the directive immediately, embrace dialogue with protestors, and uphold the rights guaranteed under Kenya’s Constitution — particularly the right to peaceful assembly.
“Kenyans are not enemies of the state. They are citizens exercising their constitutional right to protest, to be heard, and to demand justice. Responding to them with bullets, intimidation, and force is not leadership — it is authoritarianism,” he wrote.
He also pledged to support international legal action if the crackdown continues, warning that failure to correct course could push Kenya back into an era of impunity and state-sponsored violence.
“President Ruto was elected by the people — not to rule with an iron fist, but to lead with empathy, wisdom, and restraint,” Mwibanda added. “No protestor’s life is expendable.”
The statement comes as mounting pressure builds both locally and abroad for the Kenyan government to de-escalate tensions and guarantee the safety and rights of its citizens.
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