Nairobi Adventist Hospital sued for detaining woman over pending bill

Caroline Khatenje Amukune argues that the hospital violated her constitutional rights by allegedly refusing to discharge her despite doctors clearing her for release.

According to court documents, Amukune was involved in a road accident and underwent emergency brain surgery at the hospital. Her family says she was medically cleared for discharge on May 20, but the hospital has continued to hold her because the full medical bill has not been settled.

The family told the court they have already paid Ksh.350,000, more than half of the accrued bill and are willing to sign a debt acknowledgement and structured payment arrangement for the outstanding balance.

Through lawyers Elkana Mogaka & Associates Advocates, the petitioner argues that continued confinement over unpaid medical bills amounts to unlawful detention, false imprisonment and a violation of constitutional protections on dignity, liberty, movement and access to healthcare.

The petition cites Articles 28, 29, 39 and 43 of the Constitution, saying the alleged detention has caused emotional anguish, indignity and prejudice to the patient and her family.

The petitioner is asking the court to issue conservatory orders compelling the hospital to immediately and unconditionally discharge her, restraining the facility from restricting her movement over the unpaid bill, and declaring the continued detention unconstitutional and unlawful.

The application also seeks orders directing the Officer Commanding Station at Central Police Station to enforce compliance if the court grants the orders.

When the matter came before Patricia Mande Nyaudi on May 24, the judge directed that the petition and notice of motion be physically served on the respondent within three days.

The court further ordered the hospital to file its response within seven days of service.

The case will be mentioned on June 16, 2026, to confirm compliance and for further directions.