State ordered to pay Ksh.10M to Mbagathi Hospital for inmates’ treatment

Justice Bahati Mwamuye issued the directive after finding that the government’s failure to settle outstanding hospital bills posed a serious risk to inmates’ access to essential medical treatment.

The court heard that the debt, owed by the Prisons Department and the Ministry of Interior, had triggered a dispute that saw the Nairobi-based hospital suspend treatment of prisoners over unpaid bills.

The case was filed by Kituo Cha Sheria, a legal aid organization, which argued that prisoners across the country had been denied healthcare since August 4, 2025, when Mbagathi County Referral Hospital halted all medical services to inmates over arrears of about KSh12 million.

The group’s Executive Director, Dr. Wambua Kituku, warned that the suspension exposed prisoners — including those with chronic and life-threatening conditions — to preventable suffering, deteriorating health, and possible loss of life.

In its ruling, the court emphasized that Article 43(1) of the Constitution guarantees every person the right to the highest attainable standard of health, while Article 51(1) safeguards the rights of those in custody.

“The State cannot abdicate its constitutional duty to provide healthcare to inmates on account of unpaid bills,” Justice Mwamuye stated.

Pending full resolution of the debt, the court issued a conservatory order compelling Mbagathi Hospital to continue admitting and treating inmates referred by the prisons department, whether for emergency or routine care, until October 8, 2025.

The matter will be mentioned virtually on October 7, 2025, for confirmation of compliance and further directions.