The High Court has put on hold a petition filed by a grieving mother against Kenyatta University Teaching, Referral and Research Hospital (KUTRRH) and Kenyatta Memorial Funeral Home in a dispute over the release of her deceased son’s body.
Justice Chacha Mwita on Tuesday adjourned the case after the petitioner’s counsel failed to appear in court, raising uncertainty over the future of the matter.
The petitioner, Janet Naliaka Kulembi, had moved to court seeking orders to compel the two institutions to release the body of her late son, Ramson Wekesa Aluta.
She argued that she was unable to raise the outstanding bills demanded by the hospital and funeral home before the body could be released for burial.
During the proceedings, counsel for the respondents, Irene Shimanyula, informed the court that the body had since been released. She asked the court to consider having the matter withdrawn as the main grievance had been resolved.
However, Justice Mwita firmly reminded the respondents that they had no power to withdraw a petition filed by the petitioner.
“You can't ask for the suit to be withdrawn as it is not your case,” the judge remarked.
He further questioned the hospital’s legal basis for holding the body in the first place, prompting the respondents’ counsel to explain that the body could not be released without following due clearance procedures.
Justice Mwita noted that based on the court file, an order had previously been made for the release of the body.
However, he expressed concern over the petitioner’s absence and questioned the status of the petition.
“Where is the owner of this case? What is remaining in this matter? Do I have a petition? I don’t know what to do with this petition,” Justice Mwita said.
In the absence of the petitioner’s legal team, the judge scheduled a mention date for October 29, 2025, to determine whether the petitioner intends to pursue the matter further.
He also directed that the petitioner’s counsel be served adequately with a mention notice.
The late son is said to have been attacked by unknown assailants and later succumbed to his injuries.
The mother’s petition had cited emotional distress caused by the hospital’s refusal to release his body due to unpaid bills.
The case remains pending until the petitioner clarifies their position.
