The High Court has intervened by suspending a directive issued by Inspector General of Police Japhet Koome, which ordered security forces to clamp down on striking medical professionals, whom he labelled as a “nuisance.”
Justice Jairus Ngaah made the ruling on Tuesday evening, responding to an urgent application filed by the Institute for Social Accountability (TISA) and eight other advocacy groups at the Milomani Law Courts in Nairobi.
In his ruling, Justice Ngaah directed the applicants to file a substantive motion within seven days and instructed the respondents, including Koome, to file their responses within the same period. The matter is scheduled for mention on April 30.
This legal development follows widespread condemnation of Koome’s remarks on Sunday, which triggered outrage among legal experts and human rights defenders.
The Kenya National Commission on Human Rights (KNCHR) issued a statement on Tuesday, calling for an immediate cessation of threats and intimidation against lawful protests. The commission urged the government to initiate dialogue to address the grievances of doctors, clinicians, and nurses.
KNCHR Chairperson Roseline Odede emphasized the government’s responsibility to ensure that Kenyans enjoy their constitutional rights, including the right to healthcare. The commission denounced incidents of police brutality, citing injuries sustained by Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU) Secretary General Davji Atellah during a protest.
Meanwhile, the Law Society of Kenya (LSK) also criticized Koome’s directive, asserting that it lacked legal basis and consideration for public welfare.
Despite these criticisms, the government has called on striking medical professionals to end their “illegal” strike and engage in negotiations. Labour Cabinet Secretary Florence Bore urged doctors to adhere to court orders and return to work, emphasizing the importance of dialogue in resolving the ongoing dispute.
Bore disclosed that discussions were underway with KMPDU representatives to facilitate court-ordered conciliatory talks. The Ministry of Health proposed retaining interns on a stipend of 70,000, citing financial constraints in meeting the union’s demands.
Afya House, the Ministry of Health headquarters, highlighted the financial implications of meeting the union’s demands, stating that the proposed allocation of Sh4.9 billion for a demand of Sh206,000 was unaffordable.
