Lobby sues State over suspension of prisoner healthcare at Mbagathi Hospital
In a petition filed before the High Court, the organisation said the hospital stopped admitting and treating people in custody on August 4, 2024, after citing a Sh12 million debt owed by government agencies.
Kituo Cha Sheria has taken the government to court over Mbagathi Hospital’s suspension of medical services to prisoners and detainees, a decision the lobby says has left inmates without critical healthcare because of unsettled bills.
In a petition filed before the High Court, the organisation said the hospital stopped admitting and treating people in custody on August 4, 2024, after citing a Sh12 million debt owed by government agencies.
The group argued that the suspension violates Article 26 of the Constitution, which guarantees the right to life, and strips prisoners of essential medical services. It added that the move goes against the national values and principles of governance under Article 10.
“The suspension has had the direct consequence of denying medical services to persons wholly dependent on the State, including those suffering from chronic and life-threatening conditions such as tuberculosis, diabetes, hypertension and HIV/AIDS, as well as inmates requiring emergency care,” the petition states.
Lawyer John Mwariri, representing Kituo Cha Sheria, said the State is bound by Article 21 to respect, protect and fulfil fundamental rights. He noted that pulling back treatment was an unlawful abdication of the State’s responsibility to safeguard life and human dignity.
According to him, the dispute has its roots in financial accountability wrangles between public entities, but in the meantime, inmates remain the victims—unable to seek medical care elsewhere and left exposed to worsening illnesses and preventable deaths.
He told the court that while a partial payment of Sh6.7 million had been made by November 2024, it was not enough to resolve the stalemate.
The petition lists the Kenya Prisons Service, the Attorney-General, Mbagathi Hospital, the Health Cabinet Secretary and the Principal Secretary for Correctional Services as respondents.
The lobby is asking the court to order the hospital to resume admitting and treating all inmates referred to the facility.
Mbagathi Hospital, a public institution run by Nairobi County, has for years acted as a referral centre for prisoners.
Kituo Cha Sheria’s executive director, Wambua Kituku, said the suspension undermines the right of inmates to the highest attainable standard of health under Article 43 of the Constitution.
