The Commission on Administrative Justice, commonly known as the Ombudsman, has compelled the Kenyatta University Teaching, Referral & Research Hospital (KUTRRH) to release a body that had been unlawfully held over an outstanding medical bill following its intervention and the backing of the Kenya Medical Practitioners and Dentists Council (KMPDC).
In a statement on Friday, March 6, the commission said the matter arose following a complaint alleging that the hospital had refused to release the body of a patient who died at the facility on November 3, 2025, while undergoing treatment.
At the time of his death, the hospital bill had accumulated to Ksh750,346.
Given the urgency of the matter, the commission requested an immediate response from the hospital.
"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 statement read.
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In its inquiry, the commission cited a landmark court ruling in Norah Masitza Mamadi & Another v. Mombasa Hospital Association T/A Mombasa Hospital, where Justice Azangalala ruled that hospitals cannot retain a body as security for unpaid bills.
"The deceased’s remains are not an asset that the Respondent may hold as lien. The Defendant cannot sell the same to recover its charges. It cannot pledge or otherwise use the remains as security. Indeed, the Defendant acknowledges that there is no property in the remains of the Deceased. So, Respondent has no basis of refusing to release the remains of the deceased at all," the ruling read.
In its response, KUTRRH maintained that it operates as a public hospital funded by taxpayers through the national exchequer and must adhere to strict accountability standards.
The hospital also indicated that while it provides services under the Social Health Authority (SHA) scheme, any costs exceeding the applicable limits remain the responsibility of the patient.
The hospital’s CEO explained that the Ministry of Health and other government agencies require strict financial accountability in the use of public funds.
The CEO noted that the hospital has procedures to handle cases where patients cannot settle bills and advised the deceased’s next of kin to engage the hospital’s Credit Control Office.
However, the commission informed the hospital that the family was indigent and had no means of raising the outstanding amount.
The family had expressed a desire to give their loved one a dignified burial, which had been delayed due to the continued retention of the body.
Despite this, in a letter dated December 29, 2025, the hospital reiterated that a proposal for a full waiver was not feasible and advised the family to submit a payment plan for consideration.
The hospital stated that an acceptable settlement arrangement was necessary for it to meet its operational obligations and continue serving other patients.
With the dispute unresolved, the commission escalated the matter on January 8, 2026 to the CEO of the Kenya Medical Practitioners and Dentists Council and the Principal Secretary in the State Department for Public Health and Professional Standards.
In a response dated January 26, 2026, the KMPDC supported the commission’s position and directed the hospital to release the body.
"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," the KMPDC CEO stated.
Following the directive, the hospital released the body which is now set to be laid to rest on Friday, March 6.
This comes months after KMPDC issued a reminder to hospitals, mortuaries, and funeral homes that detaining bodies over unpaid medical bills is illegal and violates human dignity.
In a notice on Tuesday, November 18, 2025, the council noted that constitutional and criminal laws prohibit such practices.
"The right to dignity does not end at death. Article 28 of the Constitution of Kenya guarantees every person the inherent right to dignity and to have that dignity respected and protected.
"Consistent with this, Section 137 of the Penal Code makes it a criminal offence (a misdemeanour) to hinder the burial of a deceased person without lawful authority," the notice read.
According to the KMPDC, while medical facilities have the right to demand payment for services rendered, detaining a body is unlawful and amounts to a criminal act.
"While health facilities are entitled to pursue payment for services rendered, the law does not permit them to detain a deceased person's body as collateral for unpaid bills. Such actions breach constitutional rights and amount to a criminal offence," the notice added.
KMPDC urged health facilities to foster understanding with the relatives of deceased individuals by engaging in payment arrangements instead of holding bodies.
"Hospitals and mortuaries/funeral homes are therefore advised to engage families of deceased persons in payment plans or other alternative arrangements for settling outstanding bills, rather than detaining bodies," the notice further read.
Additionally, KMPDC reminded families that it is their duty to cooperate in settling outstanding bills while maintaining the dignity of their loved ones.
"Affected families are reminded of their obligation and encouraged to agree with hospitals on bill payment plans to enable the timely release of their loved ones for burial. This approach upholds the law and preserves the dignity of the deceased," the notice concluded.
