NAIROBI, Kenya – The High Court has ordered the State Department for Correctional Services to release at least KSh10 million to Mbagathi County Referral Hospital within 14 days to clear part of a ballooning medical debt owed for the treatment of prisoners.
Justice Bahati Mwamuye ruled that the government’s failure to settle the bills posed a direct threat to inmates’ right to healthcare, after evidence showed that Mbagathi had suspended services to prisoners over arrears of about KSh12 million.
The case was filed by Kituo Cha Sheria, a legal aid organisation, which argued that since August 4, 2025, inmates across the country had been denied medical care following the hospital’s suspension.
Kituo’s Executive Director, Dr. Wambua Kituku, told the court that prisoners with chronic and life-threatening conditions were left at risk of preventable suffering, deteriorating health, and even death.
Citing Article 43(1) of the Constitution, which guarantees the right to the highest attainable standard of health, and Article 51(1), which protects the rights of persons in custody, Justice Mwamuye said the State could not abdicate its responsibility.
“The State cannot abdicate its constitutional duty to provide healthcare to inmates on account of unpaid bills,” the judge stated.
Alongside the payment order, the court issued a conservatory directive compelling Mbagathi Hospital to continue admitting and treating inmates referred by prisons — whether for emergencies or routine care — until October 8, 2025.
The court also ordered the Principal Secretary for Correctional Services to personally file an affidavit by September 26, 2025, confirming compliance with the payment directive.
The matter will be mentioned virtually on October 7, 2025, for confirmation and further directions.
