IG Koome sued over order to police on doctors' protests

Nine civil society organizations have filed a petition at the High Court against Inspector General of Police Japhet Koome for denying medical practitioners the right to strike and air their grievances as part of the ongoing nationwide go-slow.

The organizations include the Kenya Human Rights Commission (KHRC), Katiba Institute, International Commission of Jurists (ICJ-Kenya), Transparency International Kenya, The Institute for Social Accountability (TISA), The Africa Centre for Civil Governance, Siasa Place, Tribeless Youth, and Muslims for Human Rights (MUHURI).

The development comes after the IG, on Sunday, directed police officers to deal with the medics, whom he labelled a public nuisance firmly and decisively.

In the petition certified as urgent before the High Court, the organizations challenged Koome's decision to prohibit the medics from protesting, noting that the decree contradicts Articles 36, 37, and 41 of the Constitution, which uphold individual’s rights to strike, assemble, protest, or picket peacefully.

"Koome has thus neutered the citizen’s rights in Articles 36, 37, and 41 of the Constitution. And he has grabbed for himself the sole privilege of determining who does, and who does not, enjoy the rights to assemble, picket, protest, or strike under Articles 36, 37, and 41 of the Constitution," the petitioners argued.  

"Yet under Article 19(3)(a), the rights and fundamental freedoms in the Bill of Rights are not granted by the State or any State officer. And the Bill of Rights applies to all law and binds all State organs and all persons. With Article 20(2) entitling every person to enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom."

Additionally, the civil society organisations accused the IG of directing his officers to use deadly force against protestors, simultaneously criticizing the IG for failing to take action against violent police officers and for allegedly endorsing demonstrations that advance the agenda of the ruling government.

"He never investigates or disciplines police officers who forcibly, violently, or lethally disperse peaceable and unarmed protests. For example, he has failed to investigate or discipline the police officers (including the OCPD for Capitol Hill) who violently attacked Dr Davji Atela on 29 February 2024 at a peaceable picket at Afya House," the court papers read.

"The few protests that he fancies he facilitates and watches over. Such was the case with the protest at Milimani Law Courts in support of the housing levy verdict. Nor did Nchebere disperse the protest through town and around the Supreme Court over the same levy. Such open and glaring bias by an officer who should be neutral, is discriminatory and violates Article 27, 47 of the Constitution and the FAA."

The petitioners now want a prohibition order to prevent the nationwide enforcement of Koome's order and a directive issued annulling it in totality.

Additionally, they want the court to hold the Inspector General personally responsible for issuing unconstitutional orders to use force against peaceful protests and for failing to control officers who violate constitutional rights.

They similarly want Koome to personally compensate KMPDU Secretary General Dr. Davji Atellah for injuries he allegedly sustained from police in February.

"The Respondent, from his personal funds, pays Dr Davji Atela, compensation in the form of general damages (under Article 23 of the Constitution and section 7(1)(j) of the FAA) for violating his rights while using unlawful force, to disperse the peaceable and unarmed picket at Afya House, Nairobi on 29 February 2024," read the court document.