The Kenya Medical Practitioners and Dentists Council (KMPDC) has declared that hospitals cannot detain bodies over unpaid medical bills, ordering a Nairobi facility to release the remains of a woman whose family owed Ksh1.29 million.
The directive followed a complaint filed by Mr. JKM with the Commission on Administrative Justice, otherwise known as the Office of the Ombudsman.
He alleged that the hospital was unlawfully holding his wife’s body at Chiromo Mortuary.
His wife died on August 7, 2025, while receiving treatment at the facility, after which her body was transferred to the mortuary.
At the time of her death, the bill had accumulated to Ksh1,292,226.59, which the family could not afford to settle all at once.
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In a statement on Tuesday, September 16, the commission said it initiated an inquiry with the Principal Secretary, State Department for Public Health and Professional Standards, once it received the complaint.
"Article 19 of our Constitution unequivocally recognises that the purpose of protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities, promote social justice, and realise the potential of all human beings.
"These rights belong to every individual; they are not granted by the State and are subject only to the limitations contemplated in the Constitution," the commission noted.
It further cited key provisions, including Article 20(1), which guarantees enjoyment of rights and freedoms to the greatest extent possible, and Article 21(1), which obligates the State and its organs to protect and fulfil rights, especially for vulnerable groups.
The commission noted that the right to dignity extends even after death under Article 28 of the Constitution and Section 137 of the Penal Code which provides that, "whoever unlawfully hinders the burial of the dead body of any person is guilty of a misdemeanour."
Calling for urgent action, the commission directed the Principal Secretary to write back within two days given the seriousness of the matter.
"Due to the urgency of this matter, please respond to us within forty-eight (48) hours, indicating the actions taken to resolve the complaint. We look forward to your prompt response and swift action," the commission added.
Following the intervention, the KMPDC Chief Executive Officer and Registrar instructed the hospital to release the body immediately and seek other lawful avenues to recover the debt.
"The position of the law is unequivocal: detaining a deceased body over outstanding bills is illegal. Importantly, releasing the body does not extinguish the hospital’s right to recover its debts.
"You are, therefore, directed to release the body without delay and thereafter pursue alternative lawful means to recover the outstanding amount from the family," KMPDC said.
This comes months after the commission ordered KMPDC CEO to submit crucial documents related to the regulation of dentistry in Kenya
In a statement on Friday, April 25, the Office of the Ombudsman noted that the directive stems from a request for information made by Dr. Kahura Mundia.
According to the commission, Mundia had applied for a review after the KMPDC CEO allegedly failed to respond to his initial requests.
Among his concerns were the lack of clarity in the scope of practice for dental practitioners and auxiliary cadres, particularly Community Oral Health Officers (COHOs).
Additionally, Mundia asked for regulator-issued internship logbooks for KMTC and MKU COHOs, as well as dental officers trained in Bachelor of Dental Surgery programs.
He also sought documents outlining the current scope of practice for dental practitioners/dentists and COHOs.
Additionally, Mundia requested inspection reports for training facilities at KMTC, MKU, and public universities offering Bachelor of Dental Surgery programs.
The commission gave the KMPDC CEO seven days to submit the documents, warning against failure to comply.
The commission stated that failure to provide the documents will force it to determine Mundia's appeal without input from KMPDC.
"Dr. Mundia's appeal cites the failure by the CEO, KMPDC, to respond to his initial requests dated 6th March 2025. The Commission has warned that if the CEO does not comply within the stipulated timeframe, it will proceed to determine the appeal without further input from the Council," the statement read in part.
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