The High Court of Kenya has ruled that hospitals cannot hold bodies over unpaid bills. Justice Nixon Sifuna delivered the ruling. He ordered Mater Misericordiae Hospital to release the body of Caroline Nthangu Tito. The hospital had kept her remains for almost two months over a KSh 3.3 million bill.
Justice Sifuna called the practice unlawful, unconstitutional, and inhumane. He said it traumatizes families and disrespects the dead. He described it as coercion and blackmail against grieving families.
The judge explained that Kenyan law does not view a body as property. Hospitals cannot use it as collateral to recover debts. They must instead follow legal debt collection processes.
The court ordered Mater Hospital to release the body immediately. The family must only pay reasonable mortuary fees. The hospital can seek the remaining balance through civil channels. Justice Sifuna also ruled that each side will bear its own legal costs.
The judgment however is already influencing health policy. The Kenya Medical Practitioners and Dentists Council (KMPDC) confirmed that hospitals have no right to detain bodies. In a separate case, the council ordered another hospital to release a body held over a KSh 1.29 million bill. It told the hospital to use lawful methods to recover the money.
Lawmakers are working on a permanent solution. Kirinyaga Woman Representative Njeri Maina has proposed the Health Amendment Bill No. 56 of 2024. The bill would criminalize detaining bodies over unpaid bills. The proposal has sparked mixed reactions. Supporters say it protects dignity, while critics worry about financial strain on hospitals.
This ruling sets a strong precedent. It puts human dignity above financial disputes and forces hospitals to use lawful ways to collect debts.
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