In a landmark ruling, the High Court has ordered the release of the body of Caroline Nthangu Tito, a woman who passed away while receiving treatment at Mater Misericordiae Hospital. The body had been detained for almost two months due to an outstanding medical bill of Ksh 3.3 million.
The case, filed by the woman’s sons, Moses Mutua and his brother, highlighted the emotional and financial strain placed on them after the death of their mother. The two brothers, who are college students, were left without financial support following the earlier death of their father. Their mother’s prolonged hospital stay resulted in a substantial bill, which included daily mortuary charges of Ksh 2,000, further compounding their hardship.
Justice Prof. Nixon Sifuna, who delivered the judgment, found the hospital’s actions unlawful and unconstitutional. He emphasized that no law in Kenya permits hospitals to detain bodies over unpaid bills after death. He described the practice of detaining bodies as a form of coercion, labeling it as “blackmail” that victimizes grieving families and disrespects the deceased. The judge also pointed out that there is no property in a dead body, and hospitals cannot claim a right of lien over it.
The court ordered the immediate release of the deceased’s body to her sons, stipulating that they would only be required to pay the accrued mortuary charges, which amounted to a relatively modest sum compared to the original medical bill. The remaining outstanding medical fees, the judge ruled, should be pursued through the regular civil debt recovery process rather than through the detention of a body.
In addition to this, the court also criticized the practice of body detention by hospitals as a widespread and unjust means of securing payment for medical services. The ruling is expected to have significant implications for healthcare practices in Kenya, particularly concerning the rights of grieving families and the ethical responsibilities of hospitals. The court did not award legal costs to either party, ruling that each side should bear its own expenses.
This decision reinforces the principle that hospitals should not use families’ grief as leverage in financial disputes, upholding the dignity of both the deceased and the surviving relatives.
