NAIROBI, Kenya Mar 6 – Kenyatta University Teaching, Referral & Research Hospital has released the body of a deceased patient that had been held over an unpaid hospital bill following intervention by the Commission on Administrative Justice, with backing from the Kenya Medical Practitioners and Dentists Council.
In a statement, the Ombudsman said the hospital released the remains after it launched investigations into a complaint by a woman identified as M.N., who accused the facility of unlawfully detaining the body of her relative, W.K., who died at the hospital on November 3, 2025.
At the time of his death, the patient had accumulated a hospital bill amounting to Sh750,346.
The Commission said it immediately wrote to the hospital’s chief executive officer seeking clarification, citing constitutional provisions that protect human dignity and fundamental rights.
“Article 19 of the Constitution recognises that the purpose of protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and promote social justice,” the Commission noted.
It further referenced Articles 20(1) and 21(1) of the Constitution, which obligate the State and public institutions to respect, protect and fulfil fundamental rights and freedoms.
The Ombudsman emphasised that the right to dignity extends even after death under Article 28 of the Constitution and pointed to Section 137 of the Penal Code, which criminalises the unlawful hindering of burial.
The Commission also cited a landmark High Court decision in the case of Norah Masitza Mamadi & Another v. Mombasa Hospital Association T/A Mombasa Hospital, where the court ruled that a hospital cannot hold a deceased person’s body as security for unpaid medical bills.
“The deceased’s remains are not an asset that the respondent may hold as lien,” the ruling stated.
In its response, KUTRRH acknowledged receiving the complaint but maintained that it operates as a public facility funded through taxpayers and is subject to strict accountability standards.
The hospital said while it offers services under the Social Health Authority scheme, any costs beyond applicable limits remain the responsibility of patients or their families.
The CEO also noted that the facility has policies to handle cases involving patients unable to clear their bills and advised the deceased’s family to engage the hospital’s credit control office to discuss possible payment arrangements.
However, the Ombudsman informed the hospital that the family was indigent and unable to raise the required amount and had appealed for assistance to enable them to give their relative a dignified burial.
In a follow-up response dated December 29, 2025, the hospital said it had advised the next of kin to submit a payment plan proposal, noting that a complete waiver of the bill was not feasible due to the institution’s operational obligations.
Seeking to resolve the stalemate, the Commission escalated the matter on January 8, 2026 to the leadership of 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 KMPDC supported the Commission’s position, reiterating that Article 28 of the Constitution guarantees every person inherent dignity and warning that hindering burial without lawful authority is an offence under Kenyan law.
Following the intervention, the hospital subsequently released the body to the family, bringing to an end months of delay that had prevented them from burying their loved one.
