Court orders Mbagathi Hospital to resume treating inmates amid payment dispute
The ruling on Monday, September 8, comes after inmates faced the risk of being denied essential health services due to unpaid bills.
Prisoners at facilities served by Mbagathi Hospital will once again have access to medical care after the High Court ordered the hospital to resume treatment despite an ongoing payment dispute.
The ruling on Monday, September 8, comes after inmates faced the risk of being denied essential health services due to unpaid bills.
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Justice Bahati Mwamuye emphasised that withholding treatment from prisoners could infringe on their fundamental rights.
Citing Article 43(1) of the Constitution, she highlighted that everyone, including those in custody, has the right to the highest attainable standard of health.
"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 to warrant interim intervention by this Court," Justice Mwamuye said.
The dispute began after Mbagathi Hospital suspended services to inmates, citing unpaid bills exceeding Sh12 million from medical services dating back to 2018.
Only Sh6.7 million of this amount had been cleared, leaving the hospital unable to continue offering care without payment.
On August 4, the hospital formally notified the Kenya Prisons Service that all medical services for inmates would be halted until the debt was settled, leaving prisoners in urgent need of treatment in limbo.
The court has now stepped in to protect the well-being of inmates, ordering Mbagathi Hospital to admit, receive, and treat all prisoners, regardless of the urgency of their condition. For many, this means access to life-saving care that had been withheld for months.
The orders will remain in effect until October 8, 2025. The State Department for Correctional Services has been given 14 days to pay at least Sh10 million toward the outstanding debt, and the Principal Secretary must file an affidavit by September 26 confirming the payment. The case is scheduled for mention in court on October 7.
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