For two months, baby Maxwell has been detained at the Kenyatta University Teaching Referral Research Hospital over a Sh600,000 bill.
The hospital will not allow the baby to leave until the family pays the bill, contradicting its mission to "improve the health and well-being of Kenyans and global citizens through the provision of patient-centred and evidence-based healthcare".
He is trapped in the hospital’s bed number 15 in Zambezi Ward, unable to leave. His and mother's life have come to a standstill.
On April 24, baby Maxwell fell from the first-floor balcony. He injured his head and neck.
He was rushed to Jacaranda Maternity Hospital, but after assessment, the case was deemed an emergency and referred to KU.
At KU, the baby was admitted to the Intensive Care Unit for the first 10 days and then discharged to the wards.
On May 15, he was discharged with a bill of Sh300,000, but the family could not afford the amount and were detained.
However, what is troubling the family is that the bill continues to mount and as of yesterday, the bill had reached Sh864,000 as the hospital is charging Sh6,000 daily for the days the baby remains in the hospital.
The family has managed to pay Sh264,000 of the outstanding Sh600,000 through online fundraising and donations from family and friends.
"We have been trying as a family to clear the bill but our concern is that the longer they remain in hospital, the more the bill will pile up. We are appealing for them to be released while we look for other ways to settle the bill," said Mr Philemon Kinoti, Maxwell's uncle.
He said they had appealed to the hospital management and were referred to the hospital's social work office where they were given two options: either pay the bill and go home or pay 75 per cent of the bill and leave collateral while they pay the remaining 25 per cent.
"We don't have any assets that can be taken as security for the cost of treatment. We don't have a title deed. Neither of us has a logbook. My worry is that Maxwell keeps getting infections in hospital. Last month he was readmitted because of an infection. Sure," says Mr Kinoti.
He continues: "I don't think that after what the hospital did to save Maxwell's life, we can't pay the bill if we get the money. We will pay the money.
Maxwell is just one of an untold number of patients detained in public and private hospitals across the country. Detention of patients for unpaid bills is very common, even though it is a violation of human rights.
Patients are also human beings who enjoy constitutional rights, including the right to have their inherent dignity respected and protected.
In most cases, hospitals usually argue that once patients are discharged, it is impossible for them to pursue unpaid bills, but with collateral left behind, they would be determined to clear up and get their property back.
A call from the Nation to the hospital was referred to the social work office handling Maxwell's case. A social worker who identified herself only as Anne says there are hospital protocols that must be followed.
"There are hospital protocols that have to be followed. We don't discharge patients until they pay the bill, or pay 75 per cent of the bill, leave security and pay the 25 per cent later," she says.
She continues: "I know about Maxwell's case, we told the family what was required of them. If they are not satisfied, they should wait for the hospital committee to decide on their case.
When asked when the committee is likely to meet to decide their case, Anne said she did not know, although they meet on a monthly basis and it is up to the hospital management to decide when they have a quorum.
"This is a referral hospital and we have so many needy patients asking for help. The committee will decide their fate," she said.
As detention works, a patient cannot leave the hospital without a discharge certificate and the security guards manning the hospital gates would not allow them to leave the premises.
"As a family, we have taken turns taking care of the baby. He cannot leave the hospital.
A High Court judgement in a case brought by Emmah Muthoni Njeri against one of the country's leading private hospitals provided clarity on the importance of patients' constitutional rights under Articles 28, 29 and 39 of the Constitution as compared to hospitals' constitutional right to property.
The Court held that any form of detention not sanctioned by law for the purpose of enforcing a contractual debt is a violation of the right to liberty and human dignity.
The Court equated the detention of patients in hospitals for non-payment of unpaid bills with unlawful detention of the patient. In this case, the court ordered the hospital to pay the patient Sh3 million for illegal detention.
