In a landmark ruling, the High Court has declared the detention of dead bodies by hospitals over unpaid medical bills unlawful, unconstitutional, and a violation of human dignity. The decision, which is set to change hospital policies across the country, saw Justice Nixon Sifuna order the immediate release of the body of Caroline Nthangu Tito, who had been held for almost two months due to an unpaid Ksh 3.3 million medical bill.
Justice Sifuna emphasized that the practice of holding bodies hostage in mortuaries and hospitals to force families to pay outstanding bills was both inhumane and disrespectful. He argued that it inflicted unnecessary trauma on grieving families and used the deceased as leverage for financial demands. He further stated that this practice constituted “blackmail” and had no legal justification.
The case involved Caroline Tito, a widow and mother of two, who passed away on August 2 at Mater Hospital while undergoing treatment. Her sons, both college students, were unable to bury her after being confronted with the hefty bill, which was further compounded by a daily mortuary fee of Ksh 2,000. The petitioners described the situation as financially and emotionally devastating, given that they had already lost their father and were left entirely dependent on their late mother.
Justice Sifuna’s ruling stressed the importance of dignity in death and rejected the notion of a “property interest” in a dead body. He ruled that holding the remains of the deceased to compel payment for debts violated public morality and legal principles surrounding individual rights.
The court ordered that the body be released upon payment of reasonable mortuary charges, but stated that the medical debt should be pursued through appropriate legal debt recovery channels. This ruling is expected to have far-reaching effects on the healthcare sector in Kenya, establishing a precedent that prioritizes the rights of families in mourning over the financial interests of hospitals.
The decision signals a shift towards greater protection of patient and family rights, ensuring that the bereaved are not subjected to further distress by financial demands during one of the most painful times in their lives.
