The High Court delivered a landmark judgment stopping hospitals from detaining bodies over unpaid medical bills.
The court ruled the practice is unlawful, unconstitutional, and a violation of human dignity.
Pundits said the decision is expected to reshape hospital policy and strengthen patient rights across the country.
The practice where hospitals detain bodies for even years over pending medical bills have been rampant leaving families devastated.
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 Sh3.3 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.”
Caroline Tito, a widow and mother of two, died on August 2, 2025 while undergoing treatment at Mater Hospital.
Her sons, both college students, were unable to bury her after being presented with a Sh3.3 million medical bill, alongside a Sh2,000 daily mortuary fee.
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.
