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Why bodies of deceased persons could stay longer in hospital

 High Court Judge John Mativo. [Photo by George Njunge/Standard]

Hospitals do have a right to detain even bodies of deceased persons until their debt is fully paid, a court has ruled.

If you thought the death of your sick relative in hospital could save you from paying up an accumulated debt, then pray you do not end up in Judge John Mativo's court.

In a judgment dated November 29, Justice Mativo threw out a petition by one Stephen Wanjau Karanja against the Nairobi Women's Hospital which sought to have the court to declare a decision by the facility to detain the body of his son as unconstitutional.

Karanja also wanted the court to issue an injunction so that the body of Jeff Karanja who died in June is released despite a pending Sh4.8 million bill. Even a harambee by the family only raised a paltry Sh50, 000.

In the judgment, Justice Mativo said court processes cannot be used to abet breach of person's obligation to pay lawfully incurred debts.

"I can only emphasize that nothing would serve public interest better than ensuring that all citizens adhere to the law and in particular only approach the court when they have justiciable claims but not to use court processes to evade their legal obligations," reads the judgment in part.

In its defence, The Nairobi Women's Hospital said the deceased was rushed to their facility in a critical condition and in dire need of Intensive Care Unit services.

Apparently, the family had no cash and according to court documents, the hospital kept updating them of the ballooning bill which comprised of costs of medicine, laboratory, imaging, doctors' time, and nursing.

"Instead of coming up with a repayment proposal, the applicant served them with a demand letter from his advocates. He also avers that the Petitioner declined a proposal to transfer the patient to another hospital to save on the costs promising to pay the bill," reads the judgment.

In another court decision however, a hospital and a funeral home were ordered to have the body of a deceased released after the family could not raise a pending bill of Sh17.5 million.

Delivered by Justice J.K. Sergon, Montezuma Monalisa Funeral Home and Karen Hospital were ordered to release the body of Freddy Chief Nyaigero for burial after the deceased mother and brother filed a motion in high seeking an injunction against the move to detain their relative's remains.

The deceased had been admitted to Karen Hospital's ICU section in August 2015. His kin, Mercy Chief committed herself to paying the bill.

Justice Sergon argued that there was no denial that there is no dispute as to who is entitled to take possession for burial remains. Also, there was no dispute that there is a large outstanding bill due and payable to the respondent by the estate of the deceased and or any contratee.

 

"It is further not in dispute that the bill due to the respondents are civil debts which can lawfully be recovered by following the civil process.  It is therefore clear to me that the applicants are entitled to the orders sought against the respondents since the respondents have no justification to continue holding the deceased's body," read the judgement in part.

The counsel for the respondents (Karen Hospital and Monetzuma Monalisa Funeral Home) Mr Kariuki argued in their defence that no proposals nor arrangements were made to resettle outstanding debt settled.

This was countered by Mr Mogaka counsel to the deceased relatives who said the family ia entitled to custody, control and possession of the deceased's remains as opposed to the respondents whose only interest is the outstanding hospital and mortuary fees

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