
The main entrance of Kenyatta University Hospital for Teaching, Referral and Research.
Kenyatta University, Teaching Referral and Research Hospital has been ordered to release the body of a woman being detained at the facility’s funeral home over a bill of over Sh500,000.
High Court judge Lawrence Mugambi directed the funeral home to release the body of Rosalyn Mukoko Aura, for burial, forthwith.
The judge castigated the hospital saying a dead body was not a merchantable product other than causing psychological distress to the family and being a health hazard.
Justice Mugambi added that the hospital stands to gain nothing from the continued detention of the body.
“Further, the release of the body of the deceased will not extinguish respondents (KUTTRH) pursuit of any other legal remedies that may be available including the payment of the outstanding bill arising from the deceased’s hospitalisation,” said the judge.
Evidence tabled in court showed that Ms Aura was admitted to the hospital on February 22, 2025, but unfortunately died on March 11, 2025, while undergoing a surgical procedure.
By then, she had accumulated a medical bill of Sh1.5 million.
Her niece, Catherine Juma Omari said the body was moved to the hospital’s mortuary where the bill has continued to accumulate.
Ms Omari added that the Social Health Insurance Fund helped clear a bill of Sh952,000, while the family managed to raise Sh20,000, adding that they were unable to raise the balance.
The family, she added, then made various pleas to KUTTRH to release the body without success.
Even pleas from the assistant chief of Marura sub-location confirming the inability of the family to raise the money due to its poor background and another letter from Embakasi North MP James Mwangi Gakuya did not bear any fruits.
Ms Omari said by the time of moving to court, the balance stood at Sh561,502 and the hospital was unwilling to release the body for burial.
She submitted that withholding the body due to non-payment of outstanding hospital bills was causing the family psychological distress and bruised their dignity.
Ms Omari added that the move was also illegal.
The hospital opposed the case arguing that Ms Omari moved to court without obtaining letters of administration as provided for under Section 82 (a) of the Law of Succession Act.
KUTTRH added that whereas the family was aware of their inability to raise the money, they failed to approach the credit control department at the hospital in line with the existing policy for the assessment of means for the payment arrangement to be made or waiver to be granted.
The judge rejected the argument stating that KUTTRH did not demonstrate that there was any effort to bring it to the attention of the family, of the procedure to be followed to seek waiver.
“In the overall analysis, I find no reason whatsoever that may legally justify the continued detention of the body of the deceased Rosalyn Mukoko Aura in the circumstances of this case,” said the judge.
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