Inspector General of Police Japhet Koome has been blocked from stopping the ongoing doctors’ strike.
In a ruling by Justice Jairus Ngaah, the court has barred the IG or his subordinates from enforcing the former’s decision to suspend Articles 36, 37, and 41 of the Constitution.
On Sunday, the police boss termed demonstrations by doctors and clinical officers an inconvenience to the public.
Koome said medics have engaged in the demonstrations without notifying police officers, contrary to the law.
He urged the medics to conduct their demonstrations with caution, as any act of infringing the rights of the general public will not be tolerated.
“In the interest of national security therefore, all respective Police Commanders have been instructed to deal with such situations firmly and decisively in accordance with the law.”
His sentiments landed him in court earlier today where nine civil society organisations challenged Koome’s decision to prohibit the medics from protesting.
They included; Kenya Human Rights Commission (KHRC), Katiba Institute, International Commission of Jurists (ICJ-Kenya), Transparency International Kenya, The Institute for Social Accountability (TISA), The Africa Centre for Civil Governance, Siasa Place, Tribeless Youth, and Muslims for Human Rights (MUHURI).
“Koome has thus neutered the citizen’s rights in Articles 36, 37, and 41 of the Constitution. And he has grabbed for himself the sole privilege of determining who does, and who does not, enjoy the rights to assemble, picket, protest, or strike under Articles 36, 37, and 41 of the Constitution,” the petitioners argued.
“Yet under Article 19(3)(a), the rights and fundamental freedoms in the Bill of Rights are not granted by the State or any State officer. And the Bill of Rights applies to all law and binds all State organs and all persons. With Article 20(2) entitling every person to enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom.”
The organizations sought compensation for KMPDU Secretary General Dr Davji Atellah for injuries he allegedly sustained in February during peaceful demos.
Justice Ngaah ruled in favour of the petitioners and ordered Koome to compensate Dr Atellah out of pocket.
Further, the court ordered that the IG publish an apology to Dr Atellah for violating his rights.
The apology, Justice Ngaah, ruled shall be published in a newspaper within 14 days.
The doctors’ strike is in its fifth week with the government complaining of a huge wage bill.
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