FIDA-Kenya demands transparent probe into death of Toto Touch CEO Susan Kamengere

The Federation of Women Lawyers in Kenya (FIDA-Kenya) has called on the Directorate of Criminal Investigations (DCI) to conduct a thorough, transparent, expeditious, and independent investigation into the circumstances leading to the death of Susan Njoki Kamengere, the CEO and founder of Toto Touch.

“The Office of the Director of Public Prosecutions (ODPP) must also ensure that all individuals and institutions involved, including any medical professionals who may have violated their duty of care, are successfully prosecuted. The Kenya Medical Practitioners and Dentists Council (KMPDC) must also step in and conduct a comprehensive investigation on liability on the part of Chiromo Hospital Group,” FIDA-Kenya chairperson Christine Kungu said in a statement.

While condemning the incident, she said FIDA-Kenya stands in solidarity with Njoki’s family, friends, and all those who knew her during this time of grief, adding that her life and legacy as a passionate advocate for women and children must not be forgotten, and justice must prevail.

Njoki is said to have been forcefully removed from her home and admitted to Chiromo Hospital Group, a mental health facility in Lavington, against her will, on the alleged instructions of her husband, which Kungu said raises serious ethical, legal, and human rights concerns.

She noted that Government Pathologist Dr JN Ndungu has confirmed that post‑mortem findings indicate death due to manual strangulation while Ms. Njoki was admitted to the facility.

“Mental health interventions must be rooted in dignity, consent, and patient autonomy. Forcing any individual, particularly women and vulnerable persons, into treatment without due process not only violates fundamental rights and freedoms but also reflects the broader stigma surrounding mental health in our society,” Kungu said.

She said the handling of Njoki, leading to her death, contravenes several rights set out in Section 3 and related provisions of the Mental Health Act.

“Specifically, it violates the provisions on consent to treatment, the right to protection from abuse, the right to participate in treatment planning, and the right to dignity and autonomy,” Kungu added.

She said Njoki should have been protected from physical and mental abuse and any form of exploitation.

“The alleged forceful entry into her home, being pinned down, being injected, and being taken against her will constitute both physical and psychological abuse, directly contravening this Act. The law requires that a health care provider must obtain written consent from a person with mental illness before administering any treatment. Ms Njoki, being an adult, had the right to choose her form of treatment and care. Media reports confirm that Ms Njoki did not give informed consent, and that she was forcibly injected, which is a serious breach of this Act,” the chairperson added in her statement.

In addition, she said, every adult with mental illness has the right to participate in the formulation of their treatment plans, yet, Njoki was allegedly taken to Chiromo Hospital without her participation or informed decision-making. These acts violated her dignity and disregarded her autonomy and rights.