Duale, county sued in row over Mbagathi's Sh12m prisons medical bill

The Cabinet Secretary for Health Aden Duale when he denied that the ministry has not paid nonexistent hospitals in the Social Health Authority (SHA) payment claims while speaking at Afya House on August 25, 2025. [Kanyiri Wahito, Standard] A court battle over who is responsible for treating prisoners has emerged. Mbagathi Hospital suspended its services to the State Department for Correctional Services over a Sh12 million debt. However, Kituo cha Sheria has gone to court arguing that the facility cannot turn away sick prisoners. Others sued in the case before Justice Bahati Mwamuye include Health Cabinet Secretary, Attorney General and the Nairobi City County government. "The decision by the fifth respondent (Mbagathi) to suspend treatment gravely undermines the constitutional guarantee of the right to health, endangers the lives of inmates, and places them at imminent risk of irreparable harm, including preventable loss of life," argues Kituo. According to the lobby group, inmates are under the mercy of the government, which ought to take care of them while in incarcerated until the end of their terms. Kituo Director Wambua Kituku argues that persons in custody suffering from chronic conditions such as tuberculosis, diabetes, hypertension, and HIV and Aids have been left without treatment. According to him, the Ministry of Interior ought to have a budget set aside for healthcare. He argues that it is unclear why the Sh12 million was not paid from 2018. Kituku stated that Mbagathi had been paid Sh 6.7 million last year in November but it nevertheless decided not to treat inmates. Kituo wants the court to order Mbagathi to continue offering health services until the case is heard and determined. [Kamau Muthoni] The court heard that money could not be a basis to deny a person the much-needed healthcare. Kituo's director Dr.John Kituku in his supporting affidavit, said that Mbagathi's decision was abrupt and illegal as inmates who were either detained or serving sentences had nothing to do with the debt row between it and prisons authority. Kituku asserted that it would be impossible for a prisoner to seek alternative medical care or raise medical fees while behind bars. " The health and welfare of prisoners is not a matter of charity but a constitutional duty imposed upon the State and its organs under Articles 28, 29, 43 and 51 of the Constitution, and cannot be suspended or compromised due to financial disputes between government agencies," said Kituku. He further said that it is unfair and against the constitution to for prisoners to be victims of a standoff between prisons and Mbagathi while they ought to be rehabilitated and reintegrated to society. Worse still, Kituku said that persons in custody suffering from chronic conditions such as tuberculosis, diabetes, hypertension, and HIV/AIDS have been left without treatment. " Unless this honourable court intervenes urgently, the denial of medical treatment will continue to cause irreparable harm to inmates, undermine the work of the Petitioner in promoting justice and rehabilitation, and render the rights of persons in custody under the Constitution illusory," he said. According to him, the Ministry of Interior ought to have a budget set aside for healthcare. He argued that it is unclear why and how the Sh 12 million was not paid from 2018. Kituku stated that Mbagathi had been paid Sh 6.7 million last year in November but it nevertheless decided not to treat inmates. Kituo wants the court to order Mbagathi to continue offering health services until the case is heard and determined.

Duale, county sued in row over Mbagathi's Sh12m prisons medical bill

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Duale, county sued in row over Mbagathi's Sh12m prisons medical bill

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