Court battle as Aga Khan Hospital holds Nigerian officer’s body over Sh8 million bill
The petition requests police assistance from Parklands OCS to enforce any court orders, warning that the ongoing standoff could cause diplomatic tensions between Kenya and Nigeria.
The family of retired Nigerian Air Force officer, Air Vice Marshal Terry O. Okorodudu, has filed a High Court case seeking the immediate release of his body from Aga Khan University Hospital, Nairobi.
Represented legally by his daughter, Bidemi Okorodudu, the family alleges that the hospital is unlawfully holding the remains over a disputed medical bill amounting to millions of shillings.
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Court documents indicate that the hospital is demanding payment of Sh8 million. The petitioner, however, contends that the hospital is retaining the body as "security" for the debt—a practice she says violates Kenyan law and public policy.
"The continued detention of the body infringes the inherent dignity of the deceased as guaranteed under Article 28 of the Constitution of Kenya," the application states.
The family is seeking several orders, including an ex parte directive compelling the hospital to immediately and unconditionally release the body, restraining the hospital from interfering with burial arrangements, and permitting transfer of the remains for a military interment in Nigeria.
Facilitate repatriation
They also want the ministries of Foreign Affairs and Health, along with the Department of Immigration, to facilitate repatriation, noting that the late officer is scheduled for a state burial in Nigeria.
The petition further requests police assistance from Parklands OCS to enforce any court orders, warning that the ongoing standoff could cause diplomatic tensions between Kenya and Nigeria.
In response, Aga Khan University Hospital opposed the application, insisting the body cannot be released without payment of the outstanding debt.
Jackson Awuor, the hospital’s Patients Services Business Department Manager, told the court that Okorodudu’s July 2025 admission required intensive specialist care for multiple conditions, including heart failure, kidney complications, pulmonary hypertension, and chronic liver disease.
He accused the petitioner of being uncooperative, hostile to staff, and reneging on a signed payment guarantee.
Clashed with doctors
The hospital claims she interfered with medical decisions, clashed with doctors, and had previously discharged her father against medical advice from another facility before transferring him to Aga Khan.
The court was shown consent forms indicating that medical risks had been fully explained, but the petitioner later accused doctors of incompetence. By the time of Okorodudu’s death on September 9, 2025, the hospital bill had exceeded Sh8 million.
Awuor said the petitioner initially committed to keeping the balance under Sh1 million but later demanded a waiver of the entire bill, Sh70 million in damages, and Sh2 million for funeral expenses.
The hospital argues that releasing the remains without settlement or security for the debt would amount to unjust enrichment and prejudice its operations. It has rejected reliance on Nigeria’s foreign judgment enforcement laws, noting that Nigeria is not listed as a reciprocal country under Kenya's Foreign Judgment (Reciprocal Enforcement) Act, Cap 43.
Aga Khan now wants the court to compel the family to provide an enforceable undertaking before the body is released.
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