Hospitals and mortuaries have been warned against detaining the bodies of deceased people for unpaid hospital bills.

The Kenya Medical Practitioners and Dentists Council (KMPDC) Chief Executive Officer (CEO), Dr. David Kairuki said 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,” Kariuki said.

Court Ruling and Constitutional Interpretation

He stated that Kenyan courts have reinforced this principle.

Kariuki cited Mary Nyang’ayi Nyaigero & Another Karen Hospital Limited (2016) and Ludindi Venant & Another v Pandya Memorial Hospital (1998), where the courts held: “There is no property in a dead body. It cannot be offered or held as security for payment of a debt. It cannot be auctioned if there is a default. It cannot be used to earn rental income in a cold room. In sum, there is no legal basis for detaining it.”

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Kariuki said the law does not permit health facilities to detain a deceased person’s body as collateral for unpaid bills, even though they are entitled to pursue payment for services rendered.

“Such actions breach constitutional rights and amount to a criminal offence,” he said.

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KMPDC Advice to Health Facilities

Kariuki advised hospitals, mortuaries, and funeral homes to engage families of deceased persons in payment plans or other alternative arrangements for settling outstanding bills, rather than detaining bodies.

“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,” he said.

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The Kenya Medical Practitioners and Dentists Council (KMPDC) Chief Executive Officer (CEO), Dr. David Kairuki statement to health facilities. PHOTO/KMPDC.