The High Court has outlawed the detention of dead bodies by hospitals over unpaid medical bills, terming the practice unconstitutional, inhumane and a violation of human dignity.
Delivering a landmark judgment, Justice Nixon Sifuna ordered Mater Hospital to immediately release the body of the late Caroline Nthangu Tito, which had been held for close to two months due to a Ksh3.3 million medical bill.
“The detention of bodies by mortuaries and hospitals for debt claims traumatizes bereaved families and disrespects the departed. It has been employed to blackmail, embarrass, traumatize, and coerce grieving families into submitting to monetary demands by hospitals,” Justice Sifuna ruled.
Caroline Tito, a widow and mother of two, died on August 2 while receiving treatment at Mater Hospital. Her sons, both college students, were unable to bury her as the hospital demanded settlement of the bill, in addition to a daily mortuary fee of Ksh2,000.
Justice Sifuna declared the hospital’s actions “wrongful and without any legal or lawful justification,” emphasizing that established legal principles recognize no property in a dead body. He said holding remains as collateral for debt offends public morality and human dignity.
The court directed Mater Hospital to release the body upon payment of reasonable mortuary fees only, while pursuing the outstanding medical bill through lawful debt recovery procedures.
The ruling is expected to set a binding precedent, reshaping hospital practices across the country. It strengthens patient rights and ensures that bereaved families are not subjected to further trauma as they lay their loved ones to rest.
