This week the High Court handed over two impactful decisions on distinct, but related issues, which will have far-reaching effects on human rights.
The first dealt with broader civil rights while the second dealt with rights at a more personal level.
In the first case brought by the Kenya Human Rights Commission and others against then Inspector General Japhet Koome and others, the Court reiterated a principle that has been part of the common law and tacitly endorsed in other cases including the Baby Pendo case in 2018.
The decision of the Court arose out of actions taken by the former Inspector General in suspending Articles 36, 37 and 41 of the Constitution thus permitting the police to curtail actions of members of the Kenya Medical Practitioners and Dentists Union who were undertaking lawful strike action.
