- The IG on Sunday said the doctors' strike had become a public nuisance and was posing a threat to public safety and security.
- He faulted them for blowing whistles and vuvuzelas and disturbing the peace of patients in hospitals.
Image: FILE
Incoming Law Society of Kenya chairperson Faith Odhiambo has condemned remarks by Inspector General of Police Japhet Koome over the ongoing doctors' strike.
The IG on Sunday said the doctors' strike had become a public nuisance and was posing a threat to public safety and security.
He faulted them for blowing whistles and vuvuzelas and disturbing the peace of patients in hospitals.
The IG Koome issued a directive to the police to deal with the medics "firmly and decisively in accordance with the law".
The remarks sparked condemnation from the doctors union and a number of human rights groups who called for a retraction of the directive.
The LSK chair also weighed in on the matter saying the Constitution allows everyone the right to picket, and the police the right to ensure that they maintain peace.
She pointed out that the police should ensure the doctors' demos are peaceful, and look into the allegations of goons joining in and provide security.
"It is an option. They cannot cheery-pick. The role of the IG is to ensure that he protects those who are peacefully expressing themselves as required by the Constitution because the doctors have not destroyed any property or harmed anyone. They are just expressing themselves," she said.
Speaking to Radio Africa on Monday, Odhiambo stated that as long as they have not breached peace and there is no destruction of property, the doctors' rights to picket remains.
"The question is, is use the of vuvuzelas and the singing breach of peace? Because you cannot be able to establish what parameters, you shouldn't be able to say that this isn't okay," she said.
"For the IG to purport to come in and say that its now a public nuisance, they are blowing vuvuzelas, that is irresponsible. He should take up his role more seriously to ensure he protects those doctors," Odhiambo said.
"They have the right to picket, he cannot purport to say he will limit how they exercise their right under the Constitution."
Additionally, she said its time the country looked at their priorities and devised a long-term solution on payment of doctors.
"They need to have a longer term perspective and some wisdom with regards to how they deal with these particular issues. Recently we have seen there are plans to raise the pay of MPs. How come there is money for that and yet there is money to pay doctors?" she asked.
On Sunday, Odhiambo said the targeted attack against doctors exercising their right to demonstrate was "unjustifiable and illegal".
"We condemn the ill-advised, distasteful statement, and the Law Society shall oppose such blatant threats, reckless outbursts, and illegal directives to the full extent of the sovereign power of our Constitution and the People of Kenya," she wrote on her X account.
Odhiambo threatened legal redress should police use unreasonable force against the striking doctors.
"Should any unreasonable use of force be metted against doctors, we will take legal action to find the Inspector General personally liable for anything done on account of this directive, and also ensure that individual Officers found culpable for using unreasonable force against doctors are held personally liable," Odhiambo said.
In a statement on Sunday, LSK, KMPDU and a number of human rights defenders gave Koome until 6pm, April 14, 2024, to retract his statement or face legal action.
"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.
The statement was issued by 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 through lawyer Ochiel Dudley.