- As a deterrent, the IG issued a directive to the police to deal with the striking medics "firmly and decisively in accordance with the law".
- But the group said no constitutional article conditions the right to strike or to picket on a notice given to the IG.
Image: NPS
Kenya Medical Practitioners and Dentists Union, Law Society of Kenya and a number of human rights groups have threatened to sue Inspector General of Police Japhet Koome over the ongoing doctors' strike.
It follows a statement from the IG on Sunday that the doctors' strike had become a public nuisance and was posing a threat to public safety and security.
As a deterrent, the IG issued a directive to the police to deal with the striking medics "firmly and decisively in accordance with the law".
But through lawyer Ochiel Dudley, KMPDU, LSK, Katiba Institute, The Institute for Social Accountability, Kenya Human Rights Commission, International Commission of Jurists (ICJ), Africa Centre of Open Governance (AFRICOG), Tribeless Youth and Siasa Place have indicated indent to sue the IG in his personal capacity for issuing the directivce.
This, they said, is if he fails to retract his directive and issued a public apology latest by 6pm Sunday, April 14, 2024.
"If you disregard our demand by the specified time, we will initiate court proceedings against you. Based on the doctrine of command responsibility, we will seek orders holding you personally liable for harm caused by the police to the striking and picketing medics," the gorup said.
"We will also seek damages against you for the attack on KMPDU SG Davji Atela," they added.
According to them, no constitutional article conditions the right to strike or to picket on a notice given to the IG.
"Nor can you limit anyone's right outside Article 24 of the Constitution. Our clients, however, consider that you have suspended Articles 37 and 41 of the Constitution. You cannot do that. You are under, not above, the Constitution."
Koome said on Sunday that the striking medics cause 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.
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 entered its 5th week with no end in sight as both the government and the medical professionals maitanined hardline stances.
The government said it will not burge on its offer to pay intern medical doctors Sh70,000 stipend per month while KMPDU said they will accept nothing less than the pledges contained in their 2017 CBA.