Mbagathi Hospital has been ordered to resume treatment of inmates referred by the Kenya Prisons Service (KFS) despite an ongoing dispute over unpaid medical bills.
The High Court on Monday, September 8, issued conservatory orders compelling the hospital to immediately resume treating prisoners.
In the ruling, Justice Bahati Mwamuye warned that failure to provide medical care to inmates posed a potential violation of human rights.
Citing Article 43(1) of the Constitution, the judge affirmed that every person has the right to the highest attainable standard of health, including those held in custody.
"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 so as to warrant interim intervention by this Court," Justice Mwamuye said in his ruling.
Mbagathi Hospital had earlier suspended services to inmates due to unpaid debts exceeding Ksh12 million, which were accrued from medical services dating back to 2018.
According to the hospital, only Ksh6.7 of the total debt had been paid, leaving the institution unable to sustain further medical services without settlement.
On August 4, Mbagathi Hospital issued a formal notice to KPS, formally announcing the suspension of services until the outstanding amount was cleared.
In what is a temporary reprieve for inmates, however, the high court issued conservatory orders ordering Mbagathi Hospital to receive, admit and treat all prisoners regardless of the urgency of the cases.
The order will remain in effect until October 8, 2025, with the State Department for Correctional Services being given 14 days to make a substantial payment of not less than Ksh10 million toward the debt.
Further, the department's Principal Secretary is also required to file an affidavit by September 26 confirming the payment.
A court mention has been scheduled for October 7.
