The International Commission of Jurists has called on the Policing Oversight Authority to investigate Thursday’s incident where police shot teargas cannisters at protesting doctors and injured their union boss Devji Attellah.
The doctors were demonstrating outside the main gate of the Ministry of Health offices at Afya House to protest the delayed hiring of medical interns.
The Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) secretary general was hit and injured on the head as police used teargas canisters to disperse the group.
“ICJ strongly condemns the use of unlawful force by the National Police Service and expresses deep concern over the violation of the rights of freedom of expression, peaceful assembly and association as enshrined in the Kenyan Constitution and International Human Rights Instruments,” ICJ Kenya chairman Protas Saende said in a statement Thursday.
“We extend our thoughts and prayers to Dr Devji Attellah for a swift and full recovery.”
Saende pointed out that Kenya has grappled with a shortage of medical doctors for a long time and the doctors ‘peaceful protests manifested their recognition of the dire need to address the shortage.
He said the protests emphasised the significance of medical interns to bridge the staffing gap within the health sector.
The first batch of 889 medical interns was to be dispatched to various public hospitals in January 2023 following a December 30, 2022 agreement between the Ministry of Health and KMPDU to avert a doctors’ strike that had been scheduled that January.
"I am pleased to announce that the posting of interns has commenced. The interns form a core part of our health service delivery team and we will support them to serve and learn," Health CS Susan Nakhumicha said on X.
On Tuesday, Devji issued a notice saying KMPDU would stage a peaceful procession over the delayed posting of the medical interns and the payment of fees for postgraduate students.
“In light of the importance of maintaining order and ensuring the safety of all participants, we kindly request your assistance in providing security during this event,” the KMPDU boss said in a letter addressed to Nairobi Regional Police Commander.
Saenda said peaceful processions play a major role in a democratic society by allowing citizens to demonstrate their grievances, advocate for their rights and engage in public discourse.
He said it’s incumbent upon the government and its agents to ensure these fundamental rights are protected and ensure citizens exercise their freedoms without fear of violence or reprisals.
“As a Commission of Jurists, we urge the Independent Oversight and Policing Authority (IPOA) to take immediate action to investigate these incidents of excessive use of force and hold those responsible accountable,” he said.
“We demand a public apology from the Cabinet Secretary of the Ministry of Interior and Inspector General of Police and a commitment to ensure the perpetrators of these actions will be held to account,” he added.
The Kenya Human Rights Commission also condemned the incident and asked IPOA and Office of the Director of Public Prosecutions to expedite investigations and prosecution of officers found culpable.
"KHRC demands an end to this repressive and intolerant conduct of Kenya's police force across regimes. The government must take all necessary steps to ensure that all Kenyans enjoy the rights to freedom of expression, peaceful assembly and association," KHRC said in a statement.
The Commission said the rights to demonstrate are safeguarded under Article 37 of Kenya's Constitution and a raft of other international instruments to which Kenya is a signatory.