High Court declares detention of dead bodies over medical bills unlawful

In a decision that is expected to reshape hospital policy and strengthen patient rights across the country, Justice Nixon Sifuna ordered Mater Hospital to immediately release the body of the late Caroline Nthangu Tito, which had been held for nearly two months over a Ksh 3.3 million bill.

Justice Sifuna described the practice as deeply inhumane, stating:

“The detention of bodies by mortuaries and hospitals for debt claims traumatises the bereaved families and disrespects the departed… it has been employed to blackmail, embarrass, traumatise, and coerce grieving families into submitting to monetary demands by hospitals.”

In their petition, they described the hospital’s actions as not only financially crippling but also emotionally devastating, noting they had already lost their father and depended entirely on their late mother.

Justice Sifuna ruled unequivocally that:

“The detention and continued detention of the remains of the late Caroline Nthangu Tito by Mater Hospital is wrongful and without any legal or lawful justification.”

The court directed Mater Hospital to release the body immediately upon payment of reasonable mortuary charges only, while the outstanding medical bill should be pursued through lawful debt recovery mechanisms.