The Ministry of Health (MoH) said that patients and people in healthcare facilities can be arrested when needed.
However, this must be conducted lawfully, ethically and with minimal risk to the patient.
In an apparent reference to the arrest of Grace Njoki Mulei whose arrested while in hospital which has attracted nationwide condemnation, the ministry said while it prioritizes the health and safety of patients and healthcare workers, it equally acknowledges that the criminal justice system must operate effectively to uphold the rule of law and public order.
“The arrest of individuals in healthcare settings is legally permissible but requires a delicate balance between law enforcement responsibilities and respect for constitutional rights, medical ethics, and patient dignity,” the Director General Dr Patrick Amoth said.
According to Amoth, collaboration between police, medical practitioners, and legal authorities is essential to ensure that arrests are conducted lawfully and with minimal health risk to the patient.
“The arrest of individuals in healthcare facilities is a sensitive matter that demands a careful balance between upholding law enforcement responsibilities and safeguarding patients’ rights, health, and dignity,” Dr Amoth said.
He said the ministry plays a crucial role as a key stakeholder within Kenya’s criminal justice system by actively contributing to the generation, preservation, and preparation of evidence, as well as the provision of expert medical opinions in courts.
Dr Amoth said MoH is an active members of the National Council on the Administration of Justice (NCAJ), which includes representatives from the Judiciary, the Office of the Director of Public Prosecutions (ODPP), the police, Kenya Prisons Service, and the Probation and Aftercare Service, among others.
“Striking a balance between the safety of patients and healthcare workers upholding the rule of law sometimes competing objectives requires adherence to constitutional, legal, and ethical principles,” he said.
Police officers are generally allowed to use reasonable force when arresting suspects but nothing should justify the use of greater force than is reasonable or necessary.
According to police regulations, the use of force is usually deemed “excessive” when the actions are unnecessarily aggressive or confrontational when lesser actions may have been appropriate in resolving the situation.
However, the force and humiliating manner in which some officers are effecting arrests are akin to adopting extralegal means, even if the arrests themselves are legal and justified.
The ailing Mulei, 61, boldly stormed a media conference of Health Cabinet Secretary on January 15 and demanded that Kenyatta National Hospital treat her and other Kenyans.
Following the incident, Health CS Deborah Baraza visited the Kenyatta National Hospital and apologised for the hitches.
Nine days later, Mulei was arrested from Ladnan Hospital where she had gone for consultation by at least ten police officers who dragged her through the hospital and took her to Capitol Hill Police Station.
She was later released after the Office of Directorate of Public Prosecution declined to approve charges of creating disturbance.
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