For nearly five years, Eunice Nyambura endured a lingering pain that refused to fade: her husband’s body remained locked away in a mortuary because the family could not afford to settle a hospital bill.

That long nightmare finally ended on Wednesday when the High Court in Nakuru ordered the immediate release of the remains of Humphrey Kigera Mwai, bringing relief and closure to a family that had almost lost hope.

Speaking outside the Umash Funeral Home, where the body has been preserved since October 2021, Nyambura said the court ruling had lifted a heavy burden.

“We have suffered for a long time knowing my husband’s body was still in the morgue. It has been painful and stressful for the entire family. Now I will finally have peace,” she said.

Mwai contracted Covid-19 in 2021 and was admitted to the Nakuru Nursing Home Hospital. He spent about four weeks receiving treatment before passing away on September 4, 2021.

After his death, the family was presented with a medical bill of approximately Sh5.5 million. Despite organising a fundraiser and raising Sh250,000, the amount was a fraction of what was demanded. The hospital refused to release the body, and the remains were later transferred to Umash on October 6, 2021.

As the years dragged on, mortuary storage and preservation charges continued to accumulate, reaching Sh2.46 million by July this year. The mounting debt left the family in a desperate situation, unable to either clear the bills or bury their loved one.

Mwai’s daughter, Grace Kigera, described the ordeal as emotionally draining. She recalled making regular visits to the mortuary just to see her father’s body, a practice she eventually stopped because it became too painful.

“We are happy because we can finally give our father a dignified send-off. This is something we have waited for over the years,” she said.

She narrated how the family moved from one government office to another, pleading with leaders and well-wishers for assistance.“I carried documents from one office to another asking for assistance, but nothing worked. It has been a very difficult journey for us."

The family’s breakthrough came after Grace filed an application at the High Court seeking the release of her father’s body. She argued that the family lacked the financial means to settle the outstanding hospital debt and that the continued detention of the remains violated their constitutional rights.

Umash opposed the application, telling the court it was acting under an agreement with Nakuru Maternity and Nursing Home Hospital. The facility said it could only release bodies upon receiving written approval from the hospital.

It also highlighted the significant costs it had incurred in storing and preserving the body for nearly five years.

However, Justice Julius Nang’ea held that unpaid bills should not be used as a reason to detain human remains. While acknowledging that the hospital and mortuary were entitled to recover their money, Justice Nang’ea said they should pursue payment through legal channels rather than holding bodies hostage.

The judge observed that detaining deceased persons over medical or mortuary bills inflicts severe emotional suffering on grieving families and may amount to a violation of their constitutional rights.

With the court order, the family can now proceed with burial arrangements and begin the healing process after years of anguish.The ruling is expected to send a strong message to health facilities and mortuaries across the country regarding the handling of bodies over unpaid bills.