The High Court has outlawed the detention of bodies by hospitals and mortuaries over unpaid bills, declaring the practice unconstitutional and a violation of human dignity.
In a groundbreaking judgment, Justice Nixon Sifuna ordered Mater Hospital to release the body of the late Caroline Nthangu Tito, which had been held for nearly two months over a KSh 3.3 million medical bill.
Justice Sifuna described the practice as “deeply inhumane,” stating that it has been used 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 receiving treatment at Mater Hospital. Her sons, both college students, were left unable to bury her due to the massive bill, compounded by a KSh 2,000 daily mortuary fee.
Already orphaned after their father’s death, the young men petitioned the court, arguing that the hospital’s actions were both financially crippling and emotionally devastating.
Justice Sifuna ruled that holding bodies as collateral for debt has no legal basis, stressing: “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.”
He further cited the principle that there is no property in a dead body, making its detention for debt recovery unlawful.
The court directed Mater Hospital to release the body immediately upon payment of reasonable mortuary fees, while the outstanding bill should be pursued through conventional debt recovery channels.
The decision is expected to reshape hospital policy across the country, setting a precedent that protects bereaved families from financial coercion and affirms the right to dignity in death.
It is one of the most significant rulings yet in advancing patient and family rights in Kenya.
