Court orders conditional release of Nigerian Air Force officer’s body from Aga Khan Hospital

The High Court in Nairobi has directed Aga Khan University Hospital to release the body of a retired Nigerian Air Force officer, but on condition that his son deposits Ksh.8 million or surrenders his passport to the court pending the determination of a case over disputed medical bills.

The ruling follows a petition filed by Bidemi Okorodudu, who is acting as the legal representative of the estate of his late father, Air Vice Marshal Terry O. Okorodudu (Ret.), who died on September 9, 2025, while undergoing treatment at the hospital.

Through his lawyers, Bidemi accused the hospital of unlawfully detaining the remains of the retired serviceman over an outstanding bill of KSh9.8 million.

He argued that holding a body as security for a debt is unlawful, unconstitutional, and against public policy.

“The continued detention of the body infringes the inherent dignity of the deceased as guaranteed under Article 28 of the Constitution of Kenya,” the petition states.

The family sought immediate and unconditional release of the body, an injunction restraining the hospital from interfering with the burial, and orders to allow the repatriation of the remains to Nigeria for a military funeral.

They also asked the Ministry of Foreign Affairs, Ministry of Health, Department of Immigration, and Parklands Police Station to facilitate the repatriation and enforce court orders, warning that the dispute risked causing diplomatic embarrassment between Kenya and Nigeria.

However, Aga Khan University Hospital opposed the release, insisting that the family must first settle an outstanding bill of Ksh.8 million. In court filings, the hospital’s Patient Services Business Department Manager, Jackson Awuor, accused Bidemi of being uncooperative and hostile to medical staff, despite signing a payment guarantee when his father was admitted in July 2025.

According to Awuor, the late Air Vice Marshal Okorodudu required highly specialized treatment for multiple complications, including severe heart failure, kidney problems, liver disease, pulmonary hypertension, and other comorbidities. He said the petitioner frequently clashed with doctors, interfered with medical decisions, and even discharged his father against medical advice from Coptic Hospital before transferring him to Aga Khan.

The hospital presented signed consent forms and medical reports to counter allegations of negligence, noting that the petitioner had consented to risky procedures but later accused doctors of incompetence.

By the time of the officer’s death, the hospital said the bill had ballooned beyond Ksh.8 million. Awuor told the court that Bidemi had initially pledged to keep the bill below Ksh.1 million but later reneged, demanding instead that the hospital waive the entire bill, pay Ksh.70 million in damages, and cover Ksh.2 million in funeral expenses.

Awuor further argued that allowing the release of the body without security would amount to “unjust enrichment” and undermine the hospital’s right to recover costs, stressing that unpaid bills from foreign patients strain its operations.

The hospital also rejected the petitioner’s attempt to invoke Nigeria’s foreign judgment enforcement laws, saying Nigeria is not recognized as a reciprocal country under Kenya’s Foreign Judgments (Reciprocal Enforcement) Act, Cap 43.

In its conditional order, the court directed that the body be released if the petitioner deposits Ksh.8 million as security or surrenders his passport to ensure compliance with any final judgment.

The case will be mentioned later for further directions.