High Court declares detention of dead bodies over medical bills unlawful
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In a decision that is expected to reshape hospital policy and strengthen patient rights across the country, 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 Ksh 3.3 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 while undergoing treatment at Mater Hospital. Her sons, both college students, were unable to bury her after being presented with a Ksh 3.3 million medical bill, alongside a Ksh 2,000 daily mortuary fee.
In their petition, 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.
Justice Sifuna ruled unequivocally that:
“The detention and continued detention of the remains of the late Caroline Nthangu Tito by Mater Hospital is wrongful and without any legal or lawful justification.”Quoting established legal principles, the judge emphasised that there is no property in a dead body, and that holding remains as collateral for debt violates both dignity and public morality.
The court directed Mater Hospital to release the body immediately upon payment of reasonable mortuary charges only, while the outstanding medical bill should be pursued through lawful debt recovery mechanisms.
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