[2013] KEHC 749 (KLR)
The court found that the matter was urgent and that the strike by the respondents was intended to influence government policy on the devolution of health services, an issue already pending before the court in a related matter (JR No. 317 of 2013). In the interests of justice and to avoid prejudicing the pending...
Source-derived case information.
- Citation
- [2013] KEHC 749 (KLR)
- Parties
- Petitioner: The Hon. Attorney General; Respondent: Kenya National Union of Nurses; Respondent: Kenya Medical Practitioners and Dentist Union; Respondent: Kenya Health Professionals Union; Respondent: Seth Panyako; Respondent: Dr. Matendechero Sultani; Respondent: Moses Lore
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 585 of 2013
- Procedural Posture
- Constitutional Petition / Ex Parte Interlocutory Application
- Outcome
- Ex-parte injunction granted restraining the respondents from continuing with the strike pending further orders.
- Judges
- DAS Majanja
- Legal Topics
- Right to Strike, Devolution of Health Services, Injunctive Relief, Industrial Action
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
The Hon. Attorney General
Petitioner
Kenya National Union of Nurses
Respondent
Kenya Medical Practitioners and Dentist Union
Respondent
Kenya Health Professionals Union
Respondent
Seth Panyako
Respondent
Dr. Matendechero Sultani
Respondent
Moses Lore
Respondent
Procedural Posture
Constitutional Petition / Ex Parte Interlocutory Application
Legal Issues
- 1 Whether the respondents should be restrained from continuing with the strike pending determination of the main petition.
- 2 Whether the urgency and interests of justice warrant ex-parte injunctive relief.
- 3 Whether the pending determination in JR No. 317 of 2013 affects the propriety of the strike.
Ratio Decidendi
The court found that the matter was urgent and that the strike by the respondents was intended to influence government policy on the devolution of health services, an issue already pending before the court in a related matter (JR No. 317 of 2013). In the interests of justice and to avoid prejudicing the pending determination, the court held that it was proper to restrain the respondents from continuing with the strike until the application could be heard inter partes or further orders issued. The court emphasized the need to maintain the status quo and prevent disruption of essential health services while the substantive legal questions are resolved.
Court Disposition
Ex-parte injunction granted restraining the respondents from continuing with the strike pending further orders.
Orders
- An injunction is issued restraining members of the 1st, 2nd and 3rd respondents from continuing with the strike commenced on 10th December 2013 pending the hearing of the application or until further orders of the court.
- The petition and application to be served forthwith.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE HIGH COURT AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 585 OF 2013
BETWEEN
THE HON. ATTONREY GENERAL……..….…………PETITIONER
AND
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
RULING
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
D.S. MAJANJA
JUDGE