A Nairobi High Court has ordered Kenyatta University Teaching, Referral, and Research Hospital (KUTRRH) to immediately release the body of a woman that had been held over an unpaid medical bill, describing the hospital’s action as unlawful and a violation of human dignity.
Justice Lawrence Mugambi issued the directive in a case filed by the deceased’s niece, Catherine Juma Omari, who moved the court to compel the facility to release the body of her aunt, Roselyn Mukoko Aura, for burial.
“I thus order that pending the hearing and determination of the Petition, a mandatory injunction is hereby issued compelling the Respondents to immediately and unconditionally release the body of the deceased, Roselyn Mukoko Aura, to the family for burial and final rites,” ruled Justice Mugambi.
According to the petition, Mukoko was admitted to the hospital on February 22, 2025, and died during surgery on March 11. Following her death, her body was transferred to the hospital’s funeral home where it remained due to an outstanding medical bill totaling Ksh1.5 million.
Juma told the court that the Social Health Insurance Fund had settled Ksh952,000, while the family managed to raise an additional Ksh20,000. However, a remaining balance of Ksh561,502 still loomed, an amount they were unable to clear.
“We made various pleas to KU Referral Hospital to release the body without any success,” Juma testified, saying the family was emotionally exhausted.
She submitted letters from local authorities including the Assistant Chief of Marura Sub-location, the Kenya Medical Practitioners and Dentists Council, and their area MP James Mwangi Gakuya, all supporting their appeal to no avail.
The court heard that despite the hospital’s insistence on payment, the family had no capacity to pay the remaining amount. Juma argued that detaining her aunt’s remains had caused immense mental and emotional trauma.
“The withholding of the body to enforce payment of the outstanding medical bill is not only illegal but has also affected the petitioner and deceased family’s psychological, social and spiritual well-being which has injured its human dignity,” she stated in her submission.
In response, KUTRRH claimed that the family had not exhausted internal dispute resolution mechanisms and had not provided evidence that attempts had been made to engage the deceased’s next of kin.
“There existed a dispute settlement mechanism within the Respondents’ policy but there was no policy document provided to back up those allegations of fact,” the hospital submitted.
The hospital, however, assured the court that releasing the body did not waive their right to pursue the unpaid dues through other legal means.
“The release of the body of the deceased will not extinguish our pursuit of any other legal remedies that may be available including the payment of the outstanding bill arising from deceased’s hospitalization,” the facility said.
After reviewing all submissions, Justice Mugambi ruled in favor of the family, stating there was no valid legal reason to continue holding the body.
“In the overall analysis, I find no reason whatsoever that may legally justify the continued detention of the body of the deceased Mukoko in the circumstances of this case,” the judge ruled.
The body of Roselyn Mukoko Aura is now set to be laid to rest, a final dignity her family fought bitterly to secure
