NAIROBI, Kenya, Sep 29 – The High Court has declared the detention of bodies by hospitals and mortuaries over unpaid bills illegal, terming the practice unconstitutional and a violation of human dignity.
In a landmark decision, Justice Nixon Sifuna ordered Mater Hospital to immediately release the body of Caroline Nthangu Tito, which had been held for nearly two months over a disputed medical bill of Sh3.3 million.
Tito, a widow and mother of two college students, died on August 2 while receiving treatment at the facility. Her family was unable to bury her after the hospital demanded full payment of the bill, in addition to a Sh2,000 daily mortuary fee.
Delivering the judgment, Justice Sifuna condemned the practice as “inhumane and degrading,” saying it inflicts unnecessary suffering on grieving families.
“The detention of bodies by mortuaries and hospitals for debt claims traumatises bereaved families and disrespects the departed,” the judge ruled, noting that the practice has been used to blackmail, embarrass, and coerce relatives into settling financial demands.
The court further found that holding a body as collateral for medical debt has no basis in law, stressing that “there is no property in a dead body.”
Justice Sifuna added that such practices offend public morality and undermine the constitutional right to dignity.
Reasonable morgue charges
The hospital was directed to release Tito’s remains immediately upon payment of reasonable mortuary charges only, while the outstanding bill should be pursued through lawful debt recovery mechanisms.
Tito’s sons, who filed the petition, told the court the hospital’s actions were both financially crippling and emotionally devastating.
Having already lost their father, they said they relied solely on their mother for support.
The ruling is expected to set a binding precedent across Kenya, reshaping hospital policies and strengthening patient and family rights.
Similar cases have been reported in recent years. In August, Chiromo Mortuary detained the body of a woman whose family could not settle her medical bill, only releasing it after intervention by the Kenya Medical Practitioners and Dentists Council (KMPDC) and the Ombudsman.
Another case involved the Kenyatta University Teaching, Referral & Research Hospital (KUTRRH), which held the body of Cecilia Marigu over an unpaid bill of Sh635,000 as charges continued to accumulate, including Sh1,000 per day in mortuary fees.
At Kenyatta National Hospital (KNH), more than 380 bodies have previously been detained over unpaid preservation and treatment fees, highlighting the widespread nature of the practice that Justice Sifuna has now outlawed.