High Court Forces Mbagathi Hospital to Treat Prisoners Despite Ksh12M Debt Dispute
Mbagathi Hospital has been ordered to continue treating inmates referred by the Kenya Prisons Service (KPS) as the stalemate over unpaid medical bills continues.
On Monday, September 8, Justice Bahati Mwamuye issued conservatory orders directing the hospital to immediately resume admitting and treating prisoners. The judge said denying inmates access to healthcare would breach their fundamental human rights.
Citing Article 43(1) of the Constitution, Justice Mwamuye noted that every individual, including those in custody, is entitled to the highest attainable standard of health. “This Court is satisfied that there exists a significant potential threat of constitutional violation, warranting urgent intervention,” the ruling stated.
Mbagathi Hospital had stopped treating inmates after debts since 2018 ballooned to over Ksh12 million. The government has cleared Ksh6.7 million but the hospital said it can no longer sustain treatment without further payments.
On August 4, the facility informed KPS of its decision to stop services until the arrears were settled.
But now the court has given a temporary reprieve to prisoners. The order compels Mbagathi Hospital to receive, admit and treat inmates regardless of whether the cases are urgent.
The order will be in force until October 8, 2025. By then the State Department for Correctional Services must pay at least Ksh10 million within 14 days.
The Principal Secretary of the department must file a sworn affidavit by September 26 confirming the payment. The High Court has scheduled a mention for October 7 to review compliance and decide what next.
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High Court Forces Mbagathi Hospital to Treat Prisoners Despite Ksh12M Debt Dispute