Family Seeks Release of Deceased for Burial Amidst Mounting Bill

A Nairobi boda boda rider, whose identity has been withheld for privacy, has filed a lawsuit against a city hospital for allegedly detaining his wife's body over an unpaid medical bill amounting to Ksh2.6 million. The man, a motorcycle taxi operator, stated in court documents that he cannot afford the substantial sum but urgently needs to bury his wife, who passed away on Sunday, September 29, 2025, after developing maternal complications.

According to court filings, the deceased had a stillbirth on Tuesday, September 17, 2025, after which her condition deteriorated, necessitating intensive care treatment. She underwent an emergency caesarean section to remove the foetus and save her life, as the hospital had determined the foetus was not breathing.

On Monday, October 14, 2025, Justice Nixon Sifuna ordered the man's lawyer to serve the application to the hospital immediately. Justice Sifuna further directed that all responses be filed and served within two days of October 14, with the case scheduled for hearing on Tuesday, October 22, 2025.

Legal Precedent and Patient Rights in Kenya

This case emerges against a backdrop of recent landmark rulings and ongoing legislative efforts to address the contentious issue of body detention over unpaid medical bills in Kenya. Just last month, on Monday, September 29, 2025, Justice Nixon Sifuna, in a separate case, declared the detention of bodies over medical bills unlawful, unconstitutional, and a violation of human dignity. This ruling, involving Mater Hospital and a Ksh3.3 million bill, set a binding precedent, emphasising that there is no legal provision granting hospitals the right to hold bodies as collateral for debt.

The Kenya Medical Practitioners and Dentists Council (KMPDC), the regulatory body for medical and dental practice in Kenya, has also affirmed that detaining bodies to compel payment is illegal and a violation of human dignity. KMPDC has consistently directed hospitals to release bodies and pursue outstanding bills through lawful debt recovery mechanisms.

Kenya's Constitution, under Article 43(2), guarantees every person the right to emergency medical treatment, stating that no one should be denied such care. The Health Act, 2017, further defines emergency treatment as necessary immediate healthcare to prevent death or worsening of a medical situation. Failure to provide emergency medical treatment when able to do so is an offence, liable to a fine not exceeding Ksh3 million.

Legislative Efforts and Societal Impact

The practice of detaining bodies and patients over unpaid bills has been a long-standing challenge in Kenya, often leading to immense emotional and financial distress for grieving families. The Solicitor General, Shadrack Mose, recently urged Members of Parliament to amend the Health (Amendment) Bill, 2024, to explicitly outlaw body detention as a separate offence and extend emergency treatment obligations to private hospitals. This bill, sponsored by Kirinyaga Woman Representative Njeri Maina, also proposes that health facilities detaining patients or bodies over unpaid bills be fined Ksh1 million.

The proposed amendments seek to ensure that all health facilities, including private hospitals, provide emergency medical care without demanding upfront payment. This aligns with the Kenya Emergency Medical Care Policy (2020-2030), which designates emergency services as part of the referral system, obligating all providers to offer such services at the nearest available facility.

Evidence and Data

Unknowns and Controversies

While legal pronouncements have been clear on the illegality of body detention, the practice persists, raising questions about enforcement mechanisms and the financial sustainability of healthcare providers. Hospitals often justify the practice by citing difficulties in recovering unpaid bills once patients or bodies are released. The ongoing legal battles underscore the tension between patient rights and the operational realities of healthcare institutions.

Timeline and Next Steps

• Tuesday, September 17, 2025: The patient had a stillbirth.
• Sunday, September 29, 2025: The patient passed away.
• Monday, October 14, 2025: The boda boda rider filed a lawsuit, and Justice Nixon Sifuna issued directives for serving the application.
• Tuesday, October 22, 2025: The case is scheduled for hearing.

What to Watch

The upcoming court hearing on Tuesday, October 22, 2025, will be crucial in determining the immediate fate of the deceased's body and could further reinforce the legal precedent against body detention. Stakeholders will also be keenly watching the progress of the Health (Amendment) Bill, 2024, in Parliament, as its passage could provide a more robust legal framework to prevent such incidents in the future and ensure equitable access to emergency medical care across all health facilities in Kenya.