Article 43(1) (a) of the Kenyan Constitution guarantees every person the highest attainable standard of health. It does not give an exception of whether you are in custody.
Sebastian Mwirigi was arrested on Thursday 18 October 2018 in Imenti Central for being drunk and disorderly. Mwirigi’s family claim that the police denied them access to Mwirigi who is diabetic.
Josephine Wanja, Mwirigi’s wife went to the police station the next morning with his medication but she was not allowed to see him. She says she insisted that her husband was sick and urgently needed the medication.
However, the police asked for a Sh 10000 bribery to release Mwirigi but his family did not have the money. Mwirigi died on Saturday 20 October 2018. The family also claims that he was not arraigned in court after 24 hours as the Constitution states.
Article 49 (1)(f) An arrested person has the right to be brought before a court as soon as reasonably possible, but not later than twenty-four hours after being arrested.