Karen Hospital asks court to allow transfer of 83-year-old patient caught in Sh25m bill dispute

The Karen Hospital.[FILE/Standard] A premier hospital in Nairobi has moved to court, seeking to force the kin of an 83-year-old patient either to transfer him to another hospital where they can afford treatment or have him treated at home, claiming that they are unable to foot the Sh25 million bill that has accrued so far. In its case filed by lawyer Brian Asin, The Karen Hospital claimed that the patient, codenamed JAW, was brought by his sons as an emergency patient on January 3, 2025, with a ruptured blood vessel in the brain and malignant hypertension, which has allegedly been treated. Despite being discharged, Asin said that the man is still in the hospital as the two sons have allegedly refused to foot Sh25.7 million. He further claimed that JAW's sons have also declined to sign a consent for their father to be transferred to another hospital. "Despite medical briefings and telephone conversations with the first and second respondents, they have both withheld consent for the transfer of the third respondent to home-based care or to an affordable healthcare facility and/or nursing home, and the petitioner is unable to transfer the patient despite the fact that the hospital bill is skyrocketing," claimed Asin. Article 43(2) of the Constitution requires hospitals to admit patients who are brought in for emergency care. In its case, Karen Hospital said it opened its doors for him to the extent that he was out of danger. According to Asin, the man has since stabilized and could be taken care of elsewhere. He said that the hospital's right to property and its ability to provide services to other patients were being affected by his continued stay. The hospital's financial controller, Peninnah Wambui, told the court that the sons of the senior citizen signed commitment letters that they would pay the required money. She said that it was an emergency admission under the cash scheme. She said that a month after admission, the family was informed about the progress and was advised to have him placed under home care, as it was more cost-effective for the family. She was of the view that the treatment he was receiving could also be offered in public institutions. Wambui claimed that one of the sons provided a contract, claiming that he would pay once he was sorted, but did not honour his promise. She further said that on June 18, 2025, he promised to pay Sh10 million, then it was indicated that an insurance firm would take up the bill, but it did not. According to her, the insurer alleged that it was a suspected case of alleged fraud, which was under investigation. She was of the view that the mode of payment was a moving target, with no solution in sight. "It has become evident that the respondents are not keen to transfer the patient to home-based care as recommended by doctors. The respondents refused to transfer the patient in the guise that they would settle the bill so that the patient could be retained in the hospital," she claimed. Documents filed in court indicate that the bill was Sh29.8 million. However, the amount paid was Sh2.4 million, leaving Sh27.4 million as the balance. Wambui alleged that her employer will incur losses if JAW remains under their roof. "I am informed by my advocates on record, which information I verily believe to be true, that the respondents have an obligation under the National Patients' Rights Charter 2013 to pay for the services rendered under the Kenya Health Sector Referral Implementation Guidelines, to seek appropriate level of care where the patient can be managed in a cost-effective manner, taking into account choices of facilities available," she argued.

Karen Hospital asks court to allow transfer of 83-year-old patient caught in Sh25m bill dispute

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Karen Hospital asks court to allow transfer of 83-year-old patient caught in Sh25m bill dispute

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