Mbagathi Hospital directed to treat prisoners despite unpaid bills

Mbagathi Hospital has been directed to resume treating inmates referred by the Kenya Prisons Service (KPS) despite an ongoing dispute over unsettled medical bills.

The High Court on Monday, September 8, issued conservatory orders compelling the hospital to immediately continue providing medical services to prisoners.

In the ruling, Justice Bahati Mwamuye cautioned that denying treatment to inmates would amount to a violation of their rights.

The judge cited Article 43(1) of the Constitution, which guarantees the right to the highest attainable standard of health, applying equally to those in custody.

"Having briefly heard Counsel in this matter, and mindful of the provisions of Article 51(1) and 43(1) of the Constitution, this Court is satisfied that there is a significant potential threat of violation or continued violation of the Constitution so as to warrant interim intervention by this Court," Justice Mwamuye stated.

Mbagathi Hospital had earlier suspended medical services to inmates over unpaid bills amounting to more than Sh12 million, with debts dating back to 2018.

Of this amount, only Sh6.7 million had been settled, leaving the hospital unable to sustain continued care without further payment.

On August 4, the hospital formally notified KPS of the suspension, stating that services would not resume until the outstanding balance was cleared.

The High Court ruling, however, granted temporary relief to inmates by ordering the hospital to receive, admit and treat all prisoners regardless of the nature or urgency of their cases.

The order will remain in force until October 8, 2025. In the meantime, the State Department for Correctional Services has been directed to pay not less than Sh10 million toward the debt within 14 days.

The department’s Principal Secretary must also file an affidavit by September 26 confirming that the payment has been made.

The matter will be mentioned in court on October 7.