Family sues hospital, mortuary for holding kin's body

A Nairobi hospital and a mortuary have been sued for detaining a body over a hospital bill.

Karen Hospital and Montezuma Monalisa Funeral home have been accused of holding Freddy Nyaigero's body after his family failed to raise Sh17 million for his treatment.

According to court documents filed by Mogaka Omwenga and Mabeya Company advocates, the deceased passed on on November 6, last year, but his body has remained in the mortuary since the family had not cleared the bill.

"A corpse or remains of the dead is not property to continue being held as security for payment of incurred hospital bill and mortuary fees. The plaintiffs (Mary Nyaigero and Benjamin Maoga) as a mother and a brother have rights and are entitled to custody, control and possession of the remains as  opposed to the defendants," the court papers filed in the court registry read in part.

According to Nyaigero's brother Maoga, the family had raised close to Sh1 million and at the same time notified the hospital that they could not raise the bill.

"I have made all efforts to have the body released for a decent burial but have been unable by reason of hindrance or obstruction by the hospital and  mortuary management who have made the release conditional to payment of the incurred hospital bill and mortuary fees," said Nyaigero's in her affidavit.

The deceased kin said the detention had caused the family agony.

"My mother's health has greatly deteriorated due to the mental anguish occasioned by the actions of the defendants," said Maoga, adding the court should order the immediate release of the body.

The case will be heard on January 18.