PRESS STATEMENT: Statement on the arrest of patient Grace Njoki Mulei while seeking medical assistance for a knee surgery.

Nairobi, 23 January 2024:  The Kenya Medical Association, Law Society of Kenya and the Police Reforms Working Group express deep concern over the recent arrest of Grace Njoki Mulei at Ladnan Hospital in Eastleigh while seeking medical assistance for a knee surgery.

Grace Njoki Mulei, a 61-year-old patient, was one of the people who visited the Ministry of Health offices on 15 January 2025 to protest SHA inequalities and inefficiencies. According to reports, individuals identifying themselves as DCI officers arrested her and forcibly removed Grace Mulei from Ladnan Hospital where she was seeking services today.

They drove her to Capitol Hill and have charged her with creating a disturbance in a government office. She has been denied bail contrary to Article 49(1)(h) of the Constitution of Kenya that gives an arrested person the right “to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.” She is expected to be taken to court tomorrow.

Such actions are a violation of patients’ fundamental rights and a significant barrier to accessing essential healthcare. Every individual, regardless of their advocacy or opinions, deserves the right to health without fear of intimidation, harassment, or arrest. The Constitution of Kenya guarantees the right to the highest attainable standard of health, and any actions that undermine this right are unacceptable. Picketing and expressing views on public matters is a constitutional right.

We urge the government and relevant authorities to immediately review this incident and drop all charges against Grace Njoki Mulei. We are concerned that other patients who accompanied Ms. Mulei may also at risk. Advocating for improved public health services is not a crime. It is a civic duty to ensure life-saving health services for a healthier and more equitable society. We call for immediate action to address these violations, safeguard the rights of patients, and foster an environment where health services can be accessed freely and without fear.

NOTES: Grace Njoki Mulei joined other patients and mothers at the Health Ministry offices to publicly raise their concerns with SHA/SHIF inefficiencies on 15 January 2024.

This statement is signed by the Kenya Medical Association, the Law Society of Kenya and the Police Reforms Working Group-Kenya, an alliance of national and grassroots organizations committed to professional, accountable, and human rights-compliant policing. They include:  Independent Medico-Legal Unit (IMLU), Kariobangi Paralegal Network, Defenders Coalition, Social Justice Centres Working Group (SJCW), Kenyan Section of the International Commission of Jurists (ICJ Kenya), International Justice Mission (IJM-K), HAKI Africa, Amnesty International Kenya, Women Empowerment Link, Social Welfare Development Program (SOWED), Kenya Human Rights Commission (KHRC), Federation of Women Lawyers (FIDA- Kenya), International Centre for Transitional Justice (ICTJ – Kenya), Transparency International Kenya, Shield For justice, Wangu Kanja Foundation, Constitution and Reform Education Consortium (CRECO), Kenyans for Peace, Truth and Justice (KPTJ) and Peace Brigades International Kenya (PBI Kenya) 

For media enquiries, please Mark Owuor Otieno on owuorm@fidakenya.org OR Call: Tel: 254 202 2604043/4 Mobile: 254-722509760/ 254710607241