THE INHUMAN TREATMENT AND RIGHTS VIOLATIONS AGAINST GRACE NJOKI MULEI

The National Gender and Equality Commission (NGEC) strongly condemns the inhuman and degrading treatment meted out against Ms. Grace Njoki Mulei, a 61-year-old Kenyan citizen, in relation to her arrest and subsequent detention following her protest at the Ministry of Health regarding the Social Health Authority (SHA). 

Ms. Njoki's arrest, detention, and the manner in which it was executed constitute a blatant violation of her fundamental human rights as enshrined in the Constitution of Kenya, 2010. The Commission wishes to highlight the specific violations suffered by Ms. Njoki as follows: 

1. Violation of the Freedom of Expression and the Right to Picket and Petition Authority 
   Ms. Njoki exercised her constitutional right under Article 37 of the Constitution, which guarantees every citizen the right to assemble, demonstrate, picket, and present petitions to public authorities peacefully. Her arrest for voicing concerns about the challenges facing Kenyans under the new health scheme is a direct affront to these fundamental freedoms and an attempt to silence legitimate grievances. 

2. Denial of the Right to Access Quality Healthcare 
   Article 43(1)(a) of the Constitution guarantees every Kenyan the right to the highest attainable standard of health, including access to quality healthcare services. Ms. Njoki's ordeal, which began when she sought medical services, reflects systemic failures within the healthcare sector that disproportionately affect vulnerable populations, including women, children, and older persons. 

3. Failure to Protect Older Persons 
   The State has a constitutional duty under Article 57 to ensure the protection of older members of society, their right to live in dignity and security, and to be free from abuse. The arbitrary arrest and intimidation of Ms. Njoki, a senior citizen, contravene these provisions and reflect a failure to uphold the dignity and respect due to older persons. 

The Commission calls for the immediate and unconditional respect of the constitutional rights of all Kenyans, with a particular emphasis on vulnerable populations such as women, children, persons with disabilities (PWDs), and older persons. We urge the government to: 

1. Streamline healthcare services to ensure accessibility and responsiveness, particularly for marginalized and vulnerable groups. 
2. Ensure law enforcement agencies operate within the confines of the law, respecting the dignity and fundamental rights of all individuals. 
3. Cease all forms of discrimination and harassment targeted at citizens exercising their democratic rights. 

The National Gender and Equality Commission affirms its commitment to its constitutional mandate of promoting gender equality and freedom from discrimination. We will continue to monitor and hold the State accountable to ensure the protection of the rights and dignity of all Kenyans.