Individual Petition to Health CS

By NELSON KILONZI 

TO:Hon Aden Duale,EGH

Cabinet Secretary, Ministry of Health

Cc: H.E President William Ruto,CS Interior,Kipchumba Murkomen,SHA CEO,DR Mercy Mwangangi.CG Prisons,KNCHR ,KHRC

From :Nelson Kilonzi,Tel no. 0725522815 Email,chrcemgi@gmail.om.

15th June,,2026

INTRODUCTION

I am a citizen of Kenya,and do hereby submit this petition under Article 37 and Article 119 of the Constitution of Kenya 2010. 

FACTS

1.That prisoners/remandees from Mwingi prisons,  Kitui County ,are routely referred to Mwingi Level IV hospital but are turned back and denied medical treatment solely because they lack  Social  Health Insurance card and national idetificatiion cards.

2.That this practice occurs despite Social Health Insurance Act  2023 section 27 classifying prisoners/remandees as "exempted beneficiries" who should not  pay contribution  or present SHA cards

3.That SHA circular  no 01/3024 states, "no patient shall be denied energency or essential care due to lack of SHA card or national ID

4That prisons Act cap 90 section 73 places duty on officer in charge of every prison to ensure medical attention for every prisoner

5.That denial amounts to cruel, inhuman and  degrading treatment contrary to Article 29 and violates right to health under Article 43(1)(a) and right to medical treatment at State expense under Article 51(1)(b)

3.PRAYERS

I humbly pray that you order and direct as follows:-

2.1MOUs plus CIRCULAR  TO ALL HOSPITAL-WITHIN 24 DAYS

a)Issue a binding circular to all level 4,5 and 6 hospitals nationwide.

Prohibiting  denial of treatment to prisonersner/remandees referred by Kenya Prisons  Services

b)Enter into memorudum of understanding with all 47 county governments on treatment  protocols for Kenya Prisons/Remandees urging KPS prison numbers plus fingerprints /biometrics only.Billing to be done to KPS or SHA late No SHA card or National ID shall be demanded

d)Declare denial of care to detained persons as professional misconduct under Medical Practice and Dentist Act and begs for discplinary action

2.2PRISONS HEALTH DESKS

Direct the Commissioner General of Prisons to establish health liason desks at every prison to co-ordinate referrals and ensure no prisoner/remandee returned without treatment 

2.3 SHA SYSTEM FIX

Direct SHA CEO to creat a "KPS Exempt category" in SHA system within 7days so prison numbers can be used for  registration/billing without SHA contributions

2.4 PUBLIC NOTICE

Direct Ministry of Health to publish the circular in 2 national  newspspers plus radios within 7 days so  hospitals and public know denial is illegal 

2.5PROVISSIONAL OVERSIGHT 

Request H.E the President to direct CS Health  plus Council of Governors to finalize MOUs within 30 days and withhold health funds from counties that continue to deny health care services to prisoners/remandees.

CONCLUSION

Security  justice and health are shared duties.No Kenyan should die in State custody because of paperwork. Healthcare is a right under Article 43, not a privilege tied to an insurance card.

I expect written acknowledgement of receipt  and substantive  response within  21 days as required  by law

NELSON KILONZI

Chrcemgi@gmail.com