- The organisations want Koome held accountable for any harm inflicted by police officers under his command on protesting doctors.
- They argue that Koome's directive endangers the rights and lives of medics by potentially motivating police officers to use force to enforce his order.
Image: NPS
Nine human rights groups have sued Inspector General of Police Japeth Koome over his remarks on the ongoing doctors' strike.
The IG on Sunday said the strike had become a public nuisance and was posing a threat to public safety and security.
He issued a directive to the police to deal with the striking medics "firmly and decisively in accordance with the law".
The civil society organizations, including KHRC, took issue with the directive and gave Koome an ultimatum to retract it latest Sunday 6pm, failing which they would sue him in his personal capacity.
"Applicants fear that this directive requires police officers to forcefully disperse peaceful and unarmed protests by the medics," the group states in suit papers filed Tuesday.
The organisations want Koome held accountable for any harm inflicted by police officers under his command on protesting doctors.
They argue that Koome's directive endangers the rights and lives of medics by potentially motivating police officers to use force to enforce his order.
They also want all police officers restrained from enforcing Koome’s "illegal orders".
The group said any resultant court order will directly target Koome and not the National Police Service (NPS).
Consequently, the CSOs also want the court to compel Koome to pay KMPDU secretary general Davji Atela, from his funds, "compensation in the form of general damages for violating his rights while using unlawful force".
The group behind the lawsuit comprise the KHRC, Katiba Institute, ICJ Kenya, and Transparency International Kenya. Others are TISA, AFRICOG, Siasa Place, Tribless Youth and MUHURI.
The Law Society of Kenya (LSK), KMPDU, and Kenya Union of Clinical Officers (KUCO) have been listed as interested parties.
In a statement on Sunday, Koome said the striking medics have been causing discomfort to patients in hospitals and the general public by blowing whistles and vuvuzelas.
He said their actions have also affected traffic flow in areas where they have staged sit-ins and street demonstrations.
"The Service has witnessed and received reports of the inconveniences arising from the strike, with medics lying on the streets thus obstructing highways and public roads and disrupting the free flow of vehicles and movement of people," Koome said.
Furtherr, the IG said the police are privy to information that non-medics are now planning to join the demos to cause terror and havoc to the public at large.
“This is a move that poses a threat to public safety and security,” he said.
“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.”
The doctor's strike is in its 5th week with no end in sight as both the government and the medical professionals maintain hardline stances.
On Tuesday, the Council of Govenors threatened to withdraw from the “Whole of Nation approach Committee” constituted by the Labour Court to resolve doctors' grievances.
CoG chair Anne Waiguru said the committee cannot make decisions the 47 counties and indicated that they might no longer participate in the talks under such a format.