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 1 st, 2nd and 3rd respondents prohibiting them from continuing with the strike commenced on 10 th December 2013 pending the hearing of the application or until further orders of the court on 16 th 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 11 th 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
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D.S. MAJANJA JUDGE
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