Nairobi — The High Court has suspended a directive by Inspector General of Police Japhet Koome ordering security services to reign in on striking medical professionals whose protests he declared a "nuisance".
Justice Jairus Ngaah declared the suspension in a ruling Tuesday evening.
Justice Ngaah, who issued the directions at the Milomani Law Courts in Nairobi in response to an urgent application by the Institute for Social Accountability (TISA) and eight other lobbies, directed the application to file a substantive motion within seven days.
Further, he ordered that respondents in the matter who include Koome file responses within seven days of service with the matter slotted for a mention on April 30.
The development in court came amid a coordinated response over Koome's remarks on Sunday that sparked an outrage among legal professionals and rights defenders.
The Kenya National Commission on Human Rights (KNCHR) Tuesday called for an immediate end to threats and intimidation against lawful protests urging the government to engage in dialogue.
The Commission called for genuine dialogue between representatives of doctors, clinicians, and nurses to address unresolved issues and establish a return-to-work formula.
"The KNCHR holds that the State bears the primary responsibility of ensuring that Kenyans enjoy their rights (including the right to healthcare) as provided for under the Constitution and international human rights instruments that Kenya has ratified," KNCHR Chairperson Roseline Odede said.
While noting that the strike that commenced on March 13 had disrupted public healthcare and resulted in fatalities and escalated medical expenses, KNCHR observed that the protest remained non-violent thus conforming to the law.
The Commission singled out incidents of police brutality as unacceptable noting injuries inflicted on the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) Secretary General Davji Atellah during a protest.
"The KNCHR maintains that national security shall be pursued with utmost respect for the rule of law and human rights," Odede said.
KNCHR's response came a day after the Law Society of Kenya (LSK) denounced Koome's directive.
The LSK said Koome's directive lacked legal foundation and care for public welfare.
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KNCHR and LSK responded to Koome even as the government urged striking doctors and clinicians to end the "illegal" strike and pursue dialogue.
Labour Cabinet Secretary Florence Bore urged doctors to suspend the strike and negotiate with their employers: the Ministry of Health and the 47 county governments.
She called on the doctors to obey the Employment and Labor Relations Court orders, reiterating that the union must call off the strike and direct its members to return to work.
"This matter has received attention at the highest level, and we should have faith in each other to resolve the matter once and for all. Once more I appeal to the doctors, clinical officers, and laboratory technicians to give dialogue a chance," she said in a statement on Friday.
Bore met KMPDU representatives on Monday to discuss the framework of court-ordered conciliatory talks.
The Ministry of Health proposed retaining interns on a stipend of 70,000, which would cost the government approximately Sh2.4 billion.
Afya House noted that the Sh206,000 demanded by the union would require an allocation of Sh4.9 billion, a figure it said was unaffordable.
