High Court bars police from interfering with ongoing doctors' strike

The High Court has barred the Inspector General of Police and his subordinates from stopping or interfering with the ongoing doctors' strike.

In his ruling, Justice Jairus Ngaah said canceling medics' right to strike and picket peacefully and unarmed is unconstitutional.

He added that the IG and senior officers are personally liable under the doctrine of command of responsibility for issuing unconstitutional orders and directives to officers under their command to use unlawful force to disperse unarmed strikes, assemblies, protests, and pickets under Articles 36,37 and 41 of the constitution.

He further said abdicating effective control of police officers under their command by failing to investigate and discipline officers who violate the constitution by using unlawful force to disperse peaceful and unarmed strikes, assemblies, protests, and pickets is contrary to the law.

On Sunday, the IG, in a statement, directed all police commanders to firmly deal with striking doctors for allegedly disrupting people and activities on the roads.

He said the doctors have become a public nuisance, using whistles and vuvuzelas during their demonstrations.

"In the interest of national security, therefore, all respective Police Commanders have been instructed to deal with such situations firmly and decisively by the law. We wish to caution all doctors to refrain from infringing on the rights of others while demonstrating, and that their efforts to disrupt smooth operations of hospitals will not be tolerated," Koome said.

The Institute of Social Accountability, Siasa Place, and seven other organizations moved to court seeking to have the IG stopped from implementing the directive and have him and his officers held accountable for any force leveled against the striking doctors.

In the ruling, Justice Ngaah said any officers who violate the right to peaceful and unarmed picketing should be investigated.

This includes the Officer Commanding Capitol Hill Police Station, for the unlawful force metted against Dr Davji Atela and other medics during the protests held on February 29 outside Afya House.

"The respondent (IG) is ordered to publish in a newspaper of national circulation within 14 days an apology to Dr Davji Atela for the violation of his rights by the police," Justice Ngaah ordered, adding that the IG compensates the doctor for the damages he suffered.

The IG has further been urged to file an affidavit within 30 days of the court's order, outlining his steps to comply with the order.

The doctors' strike which is in its fourth week has intensified across the country resulting in patients seeking alternative ways to get treatment.

Despite dialogue calls from various leaders in the country, doctors have vowed not to go back to work until the 2017 collective bargaining agreement is implemented.

The medics have maintained that they will not bow down to intimidation and threats until all their demands are met.