The High Court has ordered Mater Hospital to release the body of a woman who has been detained for over a month due to a medical bill of Ksh 3.3 million.
In a court ruling, the judge ruled that the continued detention of the remains of the woman at the hospital was unlawful, unconstitutional and contrary to public policy.
The judge ruled that there is no legal provision in Kenya that grants hospitals the right to lien over patients and their bodies after death.
The case was filed by the biological sons of the deceased, who passed away on August 2, 2025, while undergoing treatment at the hospital.
The two told the court that they had been left orphaned after losing their father and depending on their mother.
During the ruling, the judge condemned the widespread practice by hospitals of holding bodies as security for unpaid bills terming it as a form of blackmail.
The judge further noted that medical bills and mortuary services are recoverable as civil debts and should be pursued through lawful debt collection, rather than by detaining corpses.
