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|Case Number:||Petition 585 of 2013|
|Parties:||Hon Attorney General v Kenya National Union of Nurses, Kenya Medical Practitioneers and Dentist Union, Kenya Health Professionals Union, Seth Panyako, Matendechero Sultani & Moses Lore|
|Date Delivered:||11 Dec 2013|
|Court:||High Court at Nairobi (Milimani Law Courts)|
|Judge(s):||David Shikomera Majanja|
|Citation:||Hon Attorney General v Kenya National Union of Nurses & 5 others  eKLR|
|Court Division:||Constitutional and Human Rights|
|History Docket No:||none|
Health workers restrained from continuing with strike
Attorney General v Kenya National Union of Nurses & 5 others
Petition No 585 of 2013
Constitutional & Human Rights Division
High Court at Nairobi
D S Majanja, J
December, 11, 2013
Lynette A. Jakakimba
Whether members of the Kenya National Union of Nurses, Kenya Medical Practitioners and Dentist Union and Kenya Health Professionals Union should be restrained from continuing with the strike as a result of devolution health care services to County Governments.
Constitutional Law – devolution – devolution of services to County Governments – devolution of healthcare services – devolution of healthcare services to County Government – where healthcare workers commenced a strike as result of devolution of healthcare services to the County Governments –whether an order could be issued to restrain the ongoing strike by healthcare workers as a result of devolution of healthcare services to the County Governments
Cases: None referred to
Statutes: None referred to
|Case Outcome:||Application allowed|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
IN THE HIGH COURT AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 585 OF 2013
THE HON. ATTONREY GENERAL……..….…………PETITIONER
KENYA NATIONAL UNION OF NURSES............1ST RESPONDENT
KENYA MEDICAL PRACTITIONERS AND
DENTIST UNION………………………………......2ND RESPONDENT
KENYA HEALTH PROFESSIONALS UNION …3RD RESPONDENT
SETH PANYAKO..………………………………....4TH RESPONDENT
DR. MATENDECHERO SULTANI……….…...…5TH RESPONDENT
MOSES LORE………………………………….…..6TH RESPONDENT
I am satisfied that this matter is urgent and should be heard ex-parte in the first instance. It relates to a strike notice issued on 5th November 2013 issued by the Kenya National Union of Nurses, Kenya Medical Practitioners and Dentist Union and the Kenya Health Professional Union. The basis of the strike is to force the Government to halt plans to devolve health care services and to require it to establish the health Services Commission.
I am aware that there is a case pending before this Court to wit, JR No. 317 of 2013 before Justices Ngugi, Korir and Odunga involving the respondents. The case concerns whether in fact health care services should be devolved. The court is yet to make a decision on the matter and it is proper that industrial action should at least await the decision.
In the interests of justice, I issue an injunction restraining members of the 1st, 2nd and 3rd respondents prohibiting them from continuing with the strike commenced on 10th December 2013 pending the hearing of the application or until further orders of the court on 16th December 2013 before the Industrial Court. The petition and application to be served forthwith.
I note that this matter was filed and brought to my attention at about 5.45 pm today, Wednesday 11th December 2013 and since no judge of the Industrial Court was sitting, and in view of the urgency of the matter and in the interests of justice I dealt with the matter.
DATED at NAIROBI this 11th day of December 2013