By SAM ALFAN
High Court has this evening issued order temporarily stopping the ongoing strike by health workers pending hearing of an application filed by the Attorney general challenging their action.
In the orders, High court judge David Majanja restrained the health practitioners from continuing with the strike after the Ag said thousands of patients are suffering as a result of the illegal strike which commenced on Tuesday December 10.
The judge directed the Ag to serve his suit papers on the Kenya National Union of Nurses, Kenya Medical Practitioners and Dentist Union, Kenya Health Professional Union, Seth Panyako, Matendechero Sultani and Moses Lore before hearing which he set for December 16.
The nurses are protesting against what they are terming the hurriedly move by Transitional Authority to devolve heath services to the County government.
However the Ag, says the ongoing strike is illegal because health services are essential under the Fourth Schedule.
He says the strike has paralyzed provision of essential medical services in public hospitals countrywide endangering the lives of patients,.
According to him, even if the respondents have a right to strike, the greater public interest is being endangered by the strike.
According to the AG, Article 43(1) guarantees every person the right to the highest attainable heath standards.
The AG to ld the court that Transitional Authority chairman Kinuthia Wa Mwangi gave notice of approval of transfer of services specified in the constitution to the County government.
The nurses unions had previously moved to court to challenge the move to devolve health services to county governments arguing that the transfer is hurriedly done and without following the law.
In their suit pending in a different court, they claim that the transfer was done contrary to the provisions of the constitution, county government act 2012 and the Transition to be devolved government act.
The unions are seeking to stop the implementation of a gazette notice Published on August 9 which transferred the health services top county government.