Karen Hospital, family strike deal to place 83-year-old man in nursing home

Justice Lawrence Mugambi directed the man’s children to meet with the hospital on Thursday to discuss the transfer and the payment process. [File, Standard].

An 83-year-old man who has been at Karen Hospital for a year now, over Sh25 million medical bill, will now be transferred to a nursing home.

This is after his son informed the court that the family had identified an alternate place to take care of him as they discuss on how they would offset the huge cost of treating him at the premier hospital.

Following the disclosure, Justice Lawrence Mugambi directed the man codenamed JAW’s children to meet with the hospital on Thursday to discuss the transfer and the payment process.

“The petitioner will meet the respondents tomorrow at 10 am,” said Justice Mugambi.

Karen Hospital moved to court in a bid to force the patient’s family either to transfer him to another hospital where they can afford or have him treated at home, over claims that they are unable to foot the Sh25 million bill that has accrued so far.

In its case filed by lawyer Brian Asin, the hospital claimed that the elderly man 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 had 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 the Sh25.7 million bill.

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 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 stabilised 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.

Wambui submitted that a month after admission, the family was informed about the progress, and were advised to have him placed under home care as it was more cost-effective to the family.

She was of the view that the treatment the man 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 fraud, which was under investigation.

Wambui 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 a balance of Sh27.4 million.

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 Right 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.