NAIROBI, Kenya – Prisoners in facilities served by Mbagathi Hospital will continue to access medical services after the High Court on Monday, September 8, ordered the hospital to resume treatment despite an ongoing dispute over unpaid bills.
The case arose after the hospital suspended services to inmates on August 4, citing arrears of more than Sh12 million dating back to 2018.
Of this amount, only Sh6.7 million had been cleared, prompting Mbagathi to halt treatment until the balance was settled.
Justice Bahati Mwamuye, however, ruled that denying medical care to prisoners would violate their constitutional rights, citing Article 43(1), which guarantees the right to the highest attainable standard of health, and Article 51(1), which protects the rights of persons in custody.
“Having briefly heard Counsel in this matter, and mindful of the provisions of Article 51(1) and 43(1) of the Constitution, this Court is satisfied that there is a significant potential threat of violation or continued violation of the Constitution to warrant interim intervention by this Court,” Justice Mwamuye said.
The judge directed Mbagathi Hospital to admit, receive, and treat all prisoners, regardless of the urgency of their condition. The interim orders will remain in effect until October 8, 2025.
Meanwhile, the State Department for Correctional Services has been given 14 days to pay at least Sh10 million toward the outstanding debt.
The Principal Secretary is required to file an affidavit confirming the payment by September 26. The case will be mentioned in court on October 7.
The ruling offers temporary relief for thousands of inmates who had been left in limbo after Mbagathi stopped offering care, a decision that rights groups warned could put lives at risk.
