‘Utumishi Kwa Wote’ is not just a slogan

Doctors in the country are exercising their freedom as enshrined under Article 37 of the Constitution, which provides every person the right to assemble, demonstrate, picket or present petitions to public authorities, in a peaceful manner and unarmed.

The doctors are raising legitimate concerns they wish to be comprehensively addressed by the government, including the issue of posting of interns, their monthly allowances and the collective bargaining agreement.

Notably, the doctors were ready to negotiate with government only for a meeting to be scheduled with lawyers, instead of Ministry of Health officials led by the Cabinet or Principal Secretaries.

One then questions the commitment by government to end the strike and doctors return to fulfil their Hippocratic Oath, given that patients are entitled to the highest attainable standards of health under the Constitution.

What is more worrying is the conduct of the police during the strike. They have acted in what we can term as impunity, yet they have a clear mandate to serve and protect the citizens of Kenya.

Their ‘Utumish kwa wote’ motto directly translates to ‘Service to all’ — including protecting striking doctors during peaceful demos.

Sadly, on February 29, KMPDU Secretary General Davji Atellah was shot at by police during a peaceful demonstration. Such heinous act cannot be allowed from those entrusted with our protection.

The doctors had operated within the law and notified government of their intended protest and sought protection. With this context in mind, were the police then justified to fire upon Dr Atellah ?

No, they did not. Yet again, on April 14, the Inspector General of Police directed his juniors to prevent doctors striking and threatened to deal with them ‘firmly and decisively’.

It does not take a genius to appreciate what such threat entails. It is disconcerting that such threats can be issued from the highest authority in the police service. In my books, disruption and infringement upon the rights of other members of public is unconscionable.

The assertion that ‘criminals’ had infiltrated the striking medics’ ranks to cause havoc were loose justification to infringe on the rights and freedoms of the doctors. On April 11, the doctors issued notice of a nationwide strike for April 16.

It was commendable that the IG and his officers did not make good their threat but history is replete with instances of police heinous acts of brutality on protesters and remain unpunished.

Police must remain guided by their motto and put ‘Utumishi kwa wote’ in action. They have rules, procedures and a code of conduct to adhere to. Kenya remains a democratic country governed by the rule of law and constitutionalism. Even police must protect this crucible of rights and freedoms.

- Wallace Mbugua is an advocate of the High Court and a Programme Officer at ICJ Kenya.