Kenya Human Rights Commission (KHRC) has criticized Inspector General of police Japheth Koome over his recent statement on ongoing doctors’ strike.
In a press statement issued on 14th April 2024, KHRC condemned the Inspector General’s assertions, which purportedly denied medical professionals their right to strike and protest peacefully.
They therefore demand a retraction of the directive made to police commanders by the police boss as well as an apology for the violent attack meted on KMPDU secretary general Davji Atellah.
The commission emphasized that neither the Inspector General nor any other authority possesses the authority to revoke such fundamental rights.
“We have seen your press statement today in which you claim to cancel the medics’ right to strike and to picket peacefully and unarmed and we must clarify, sir, that you confer neither right,” read part of the KHRC statement.
“We thus demand that you retract the directive and apologize for it publicly by 6:00 pm today, Sunday, 14 April 2024. In your retraction, you must also apologize for the violent attack by police on Dr Davji Atela on 27 February 2024.”
Koome in a statement on April 14 said medics have been causing discomfort to patients in hospitals and the general public by blowing whistles and vuvuzelas during demonstrations,
In response to the escalating tensions, he directed all respective Police Commanders to take firm and decisive action in accordance with the law.
Also Read: IG Koome Issues Directive to Police Commanders Over Demonstrating Doctors
The KHRC went on to challenge the legal basis of Koome’s assertions, asserting that no constitutional provision exists that grants him the power to restrict the rights of individuals to strike or protest without prior notice.
KHRC Issues Demands to IG Koome
Further, the commission highlighted that Koome’s actions were perceived as an attempt to suspend key constitutional articles safeguarding freedom of expression and assembly.
“No constitutional article conditions the right to strike or to picket on a notice given to you. Nor can you limit anyone’s rights outside Article 24 of the Constitution,” the statement further read.
The human rights body underscored that Inspector General Koome, as a public servant, is accountable to the Constitution and cannot unilaterally suspend or disregard its provisions.
Also Read: Doctors Respond After IG Koome’s Directive to Police Commanders
“Our clients firmly reject your suspension of Article 37 and 41 of the Constitution. You cannot do that; you are under, not above, the Constitution,” KHRC added.
Additionally, KHRC issued a warning that if IG Koome disregards their demand by the specified time, they will initiate court proceedings against him.
“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,” they said.
Also, the human rights body noted that they would seek damages against him for the attack on Dr. Atellah.
