Detention of deceased bodies deemed illegal: High Court ruling

 

The High Court has ruled that hospitals and mortuaries cannot legally detain bodies due to unpaid bills, labeling this practice as unconstitutional and a breach of human dignity. In a significant ruling, Justice Nixon Sifuna instructed Mater Hospital to promptly release the body of Caroline Nthangu Tito, which had been retained for almost two months due to a disputed medical bill amounting to Sh3.3 million. Tito, a widow and mother of two college students, passed away on August 2 while undergoing treatment at the hospital. Her family was unable to proceed with her burial as the hospital insisted on full payment of the bill, in addition to a daily mortuary fee of Sh2,000. In delivering the judgment, Justice Sifuna criticized the practice as "inhumane and degrading," asserting that it causes unnecessary distress to grieving families. "The detention of bodies by mortuaries and hospitals for debt collection traumatizes bereaved families and shows a lack of respect for the deceased," the judge stated, highlighting that this practice has been employed to blackmail, humiliate, and pressure relatives into meeting financial obligations. The court also determined that using a body as collateral for medical debts is not supported by law, emphasizing that "there is no ownership of a dead body." Justice Sifuna remarked that such actions violate public morality and infringe upon the constitutional right to dignity. Reasonable mortuary fees The hospital was ordered to release Tito’s remains immediately upon the payment of only reasonable mortuary fees, while the outstanding bill should be addressed through appropriate debt recovery methods. Tito’s sons, who initiated the petition, informed the court that the hospital’s actions were both financially burdensome and emotionally traumatic. Having already lost their father, they expressed that they depended entirely on their mother for support. This ruling is anticipated to establish a binding precedent throughout Kenya, transforming hospital policies and enhancing the rights of patients and their families.

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