Kenyan High Court Bans Patient Detention Over Unpaid Hospital Bills

The High Court has ruled that hospitals are prohibited from detaining patients to recover unpaid medical bills.

Justice Lawrence Mugambi delivered the ruling yesterday, asserting that holding treated and recovered patients against their will due to financial obligations is both illegal and a violation of liberty rights. The case at the centre of this ruling involved Harman Kamau Kinoru, a carpenter who was awarded Sh800,000 for the distress he experienced while detained at The Labib Hospital in 2021.

Justice Mugambi states that post-treatment detention without legal authority is unlawful, characterizing the practice as "punitive, unfair, unreasonable and thus unlawful." Kamau’s troubles began on August 24, 2021, when he was admitted to Labib Hospital for treatment. Although he was cleared for discharge after a month, the hospital retained him due to an outstanding bill of Sh3.09 million. Despite paying Sh764,200, Kamau was held for over two additional months as the debt continued to grow.

He argued that this detention was inhumane and degrading, prioritizing the hospital’s financial interests over the psychological and social ramifications for him and his family. The court acknowledged the emotional and financial toll endured by Kamau, noting that his unlawful confinement caused significant embarrassment and trauma to his family.

As the family's sole breadwinner, his prolonged detention severely impacted his ability to return to his carpentry work, deepening his financial difficulties. Labib Hospital’s response to the lawsuit was limited; they filed a preliminary objection that the court ultimately dismissed. Justice Mugambi criticized the hospital's lack of engagement in the proceedings, calling their actions a "soliloquy."