KMPDC orders hospital, funeral home to release bodies held over unpaid bills
The decision followed a complaint lodged by two families with the Commission on Administrative Justice (CAJ).
The Kenya Medical Practitioners and Dentists Council (KMPDC) has ordered a city hospital and the Kenyatta Memorial Funeral Home to release bodies held over unpaid bills, directing them to seek alternative ways to recover the funds from the families.
The order followed a complaint lodged by two families to the Commission on Administrative Justice (CAJ).
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According to CAJ, the first case involved a patient who was admitted at a city hospital based in Westlands, Nairobi, on June 19, this year, but unfortunately died on June 23 in the course of treatment at the facility.
The patient's family told the Commission that their kin's body was later transferred to the Chiromo Mortuary, where it has been held.
At the time of her death, the hospital bill had accrued to Sh701,501.70, aside from the mortuary fee, which is unspecified.
The second case involves a family that alleged that Kenyatta Memorial Funeral Home was unlawfully holding the body of their kin, who was receiving treatment at Kenyatta University Teaching, Referral and Research Hospital (KUTRRH) until July 1, 2025, when the patient died in the course of treatment.
"The outstanding bill at the facility is reported to be Sh596,995 after the Social Health Authority paid Sh622,720. It was further reported that the family had paid Sh100,000, but the facility has been adamant and demanded a further payment of Sh266,000 to release the body to the family," the commission said.
Based on the complaints, the commission kicked off an inquiry with the KMPDC, noting that the right to dignity extends posthumously under Article 28 of the Constitution and that, in accordance with Section 137 of the Penal Code, that declares that whoever unlawfully hinders the burial of the dead body of any person... is guilty of a misdemeanour."
"Article 19 of our Constitution unequivocally recognises that the purpose of protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities, promote social justice, and realise the potential of all human beings. These rights belong to every individual; they are not granted by the State and are subject only to the limitations contemplated in the Constitution," the Commission noted.
Consequently, the Chief Executive Officer and Registrar of KMPDC ordered the hospital and the funeral home to release the bodies of the deceased and seek alternative means to recover the debt.
"In its letters to the facility and the funeral home, the Council reiterated that Article 28 of the Constitution guarantees every person's inherent dignity, and Section 137 of the Penal Code criminalises hindering burial without lawful authority," the commission added.
On his part, the KMPDC CEO, Daniel Yumbya, said that detaining a deceased body over outstanding bills is illegal.
"Importantly, releasing the body does not extinguish the hospital's right to recover its debts. You are, therefore, directed to release the body without delay and thereafter pursue alternative lawful means to recover the outstanding amount from the family," read the letter.
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