Grace Njoki Mulei and the Social Health Insurance Fund are trending again. As the 61-year-old patient and whistleblower was arraigned in court yesterday, Kenyans chose to arraign our infant health insurance programme and the National Police Service in the court of public opinion.
Before Grace Njoki Mulei boldly stormed the media conference of Health Cabinet Secretary on 15 January 2025, she was unknown to the public. In the televised encounter, the registered Social Health Authority member demanded that Kenyatta National Hospital treat her and other Kenyans.
Nine days later, Mrs Mulei was arrested from Nairobi’s Ladnan Hospital where she had gone for consultation. Ignoring protests by Ladnan doctors and administrators, no less than ten uniformed police officers dragged her through the hospital and drove her to Capitol Hill Police Station. Undeterred by representation by her lawyer and the Law Society of Kenya, the Commanding Officer declined to release her on bond or bail. Despite a painful knee in urgent need of surgery, hyper-tension and diabetes, the ailing mother was detained overnight.
Yesterday, she was arraigned in court and charged with causing a disturbance. She was released on Sh 10,000 bail and ordered to return to court on 7 February. Her treatment says more about the current human rights environment, the performance of SHA/SHIF and our police service. The charges against her do not state the complainant. Causing a disturbance is a bailable offence under Article 49(1)(h) and her overnight detention was unnecessary. Given her medical condition, it was also punitive.
Rather than treating Grace Mulei as a criminal suspect, the authorities are advised to treat her as a whistleblower who wants our public health system to work for all Kenyans. Following her 15 January “press conference bombing” stunt, Health Cabinet Secretary Deborah Baraza promptly visited KNH, KNH CEO Evanson Kamuri apologised for the hitches, and both committed to ironing out the programme’s challenges.
Behind the frustrations of Mrs. Mulei and millions of other Kenyans lie several system and operational challenges. Government health expenditure remains grossly underfunded at a meagre 4.6 per cent of GDP. The Sh 104 billion Safaricom supplied digital technology has been publicly criticised as excessively overpriced. Deactivating member’s National Health Insurance Fund cards before the new bio-metric system was fully operational was a mistake. The means testing system and capitation model for providers remains work in progress and there remains widespread criticism of the benefits limits for 25 per cent of the population who currently living or dying from chronic illnesses today.
Given its sensitivity for millions of lives, effective Social Health Insurance Fund roll out is one of the biggest challenges the Kenya Kwanza administration has faced. Grace Mulei’s action and the authorities’ reaction is a wake call for all that are committed to meeting the highest attainable standard of health possible. Given the legitimate public anxiety around SHIF onboarding, rather than criminalising whistleblowing, the authorities can review the decision to charge and unconditionally drop these “orphaned” charges against Grace Mulei.
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. Ironically, as Capitol Hill Station was planning to arrest Mrs Mulei, Public Health Principal Secretary Mary Muthoni was announcing the formation of a Ministerial committee to address the challenges Kenyans are facing. Perhaps, the PS could interrupt Thursday’s embarrassment by inviting Mrs Mulei back to Afya House, publicly apologising and ask her and other patients, to join committee. Patient participation never hurt
public health reform. Perhaps the Police Inspector General could ask the Internal Affairs Unit to investigate the officers and their commander who took away Grace Mulei’s liberty for several hours only to present her in court without a complainant.
Over to you Health Ministry and the National Police Service officials. Let’s see if you can fix this embarrassing twist before the 7 February hearing. Pole Grace, I hope you get the medical assistance you deserve.
Irũngũ Houghton is Amnesty International Kenya Executive Director and writes in his personal capacity. Email: [email protected]