Kituo Cha Sheria moves to court over suspension of inmates’ medical services
Kituo Cha Sheria now wants the court to issue interim orders compelling both the Ministry of Health and Mbagathi Hospital to resume admitting and treating inmates without discrimination, regardless of the financial dispute between state agencies.
The High Court has been asked to compel the government to immediately restore medical services for prisoners after a Nairobi public hospital allegedly suspended treatment over unpaid bills.
Kituo Cha Sheria, through its Executive Director, Dr. Wambua Kituku, filed the petition under a certificate of urgency, claiming that inmates across the country have been unable to access essential healthcare since August 4, 2025.
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According to the court documents, Mbagathi County Referral Hospital allegedly stopped attending to prisoners from the Kenya Prisons Service following an outstanding bill of about Sh12 million.
Dr. Kituku argued that the suspension has exposed inmates, including those suffering from chronic and life-threatening illnesses, to grave risks of deteriorating health, preventable suffering, and even death.
Kituo Cha Sheria now wants the court to issue interim orders compelling both the Ministry of Health and Mbagathi Hospital to resume admitting and treating inmates without discrimination, regardless of the financial dispute between state agencies.
The organisation also seeks orders directing the State Law Office, the Ministry of Health, and the Kenya Prisons Service to ensure prisoners have continuous access to healthcare, either at Mbagathi Hospital or other designated public facilities.
In the petition, Kituo contends that the suspension violates fundamental constitutional rights, including the right to health under Article 43, the right to dignity under Article 28, and the right to freedom from cruel, inhuman, and degrading treatment under Article 29.
The legal aid group maintains that prisoners, being in state custody, are fully dependent on the government for their welfare and cannot independently access healthcare.
"The continued denial of medical services renders this petition nugatory and places inmates at risk of irreparable harm and preventable deaths," the petition reads in part.
The court is expected to issue directions on the matter.
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