NAIROBI, Kenya — The Commission on Administrative Justice has compelled the release of a body that had been held for four months at the Kenyatta University Teaching, Referral & Research Hospital over an unpaid medical bill of Sh750,346, following a formal intervention that cited constitutional protections on human dignity and established court precedents.
The deceased, identified as W.K., died on November 3, 2025, while receiving treatment at the facility. His family later filed a complaint with the Ombudsman after the hospital declined to release the body due to the outstanding bill.
In response, the Commission launched an inquiry with the hospital’s Chief Executive Officer, arguing that the continued detention of the body violated fundamental rights under the Constitution.
“Article 19 of our Constitution unequivocally recognises that the purpose of protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities,” the Commission stated in a letter to the hospital.
The Ombudsman further referenced Article 20(1) and Article 21(1), which require the State and its organs to respect and protect rights and freedoms, particularly for vulnerable groups. It emphasized that the right to dignity, protected under Article 28, extends even after death.
The Commission also cited Section 137 of the Penal Code, which criminalizes the unlawful hindrance of burial.
To reinforce its position, the Ombudsman referenced a High Court ruling in Norah Masitza Mamadi & Another v. Mombasa Hospital Association, where Justice Azangalala held that hospitals have no legal right to retain a body as collateral for unpaid bills.
“The deceased’s remains are not an asset that the Respondent may hold as a lien,” the judge ruled in the case. “The Defendant cannot sell the same to recover its charges.”
Despite the legal position, the hospital initially maintained that the bill remained the responsibility of the patient’s family. In its response to the Commission, the hospital said it operates as a public facility funded through the exchequer and must maintain strict accountability standards in the use of public funds.
Hospital management acknowledged that it provides services under the Social Health Authority (SHA) framework, but noted that any medical expenses exceeding applicable coverage limits remain payable by the patient or their family.
The hospital proposed that the deceased’s next of kin submit a payment plan to settle the bill, stating that a 100 percent waiver was not feasible given operational obligations.
However, the Commission said the family was indigent and lacked the means to settle the debt. It argued that continued retention of the body had denied the family the opportunity to accord their relative a dignified burial.
The matter was later escalated to the Kenya Medical Practitioners and Dentists Council and the Principal Secretary in the State Department for Public Health and Professional Standards.
In a letter dated January 26, 2026, the medical regulator backed the Ombudsman’s position and directed the hospital to release the body immediately.
“The position of the law is unequivocal: detaining a deceased body over outstanding bills is illegal,” the Council stated.
It added that releasing the body does not extinguish the hospital’s right to recover the debt through lawful channels.
“You are therefore directed to release the body without delay and thereafter pursue alternative lawful means to recover the outstanding amount from the family,” the letter said.
Following the directive, the hospital released the remains.
The deceased is scheduled to be laid to rest on Friday, March 6, 2026—four months after his death.
