Milimani High Court Judge Jairus Ngaah has ordered Inspector General of Police Japhet Koome to publicly apologise to Kenya Medical Practitioners and Dentists Union (KMPDU) Secretary General Davji Atellah.
In orders issued on Tuesday, the court said the same should be done within 14 days of April 16, 2024.
“The Respondent be and is ordered to publish, in a newspaper of national circulation within 14 days of this order, an apology to Dr Davji Atellah for the violation of his rights by the police,” Ngaah ordered.
Atellah was on February 29, hit by a teargas canister sustaining deep cuts in the forehead, during the protest at Afya House, Nairobi.
The doctors had held the protest to push for the posting of medical interns.
The Court further ordered IG Koome to file an affidavit within 30 days of April 16, outlining his steps to comply.
Additionally, the court said, he should, from his personal funds, pay Atellah compensation in the form of general damages for violating his rights while using “unlawful force ” to disperse protests.
Justice Ngaah stated that the compensation order is per Article 23 of the Constitution and Section 7(1)(j) of the FAA, where the latter gives the authority of courts to uphold and enforce the Bill of Rights.
“A costs order requiring the Respondent to pay, from his personal funds, the costs of this litigation, to deter his future attempts to suspend Articles 36, 37, and 41 of the Constitution or his use or authorisation of the use of unlawful force, to disperse peaceable and unarmed strikes, assemblies, protests, and pickets contrary to Articles 36, 37, and 41 of the Constitution,” the court ordered.
The judge also gave way for investigations and disciplining of police officers who have used unlawful force, to disperse peaceable and unarmed strikes, protests, and pickets by the medics.
According to Ngaah, the investigations should include any officer culpable for using unlawful force against Atellah and other medics who protested on February 29.
He went on to issue orders retraining IG Koome or any other officer from cancelling the medics’ right to strike and peacefully protest.
By Matildah Obaigwa
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