There is no right of lien providing for hospitals to detain patients or their bodies once they die while undergoing treatment, the High Court has ruled.
Justice Nixo Sifuna, in a ruling dated September 23, said it is wrong for hospitals to detain bodies until their outstanding medical bills are met.
He ruled that such a move traumatises the bereaved family and disrespects the departed.
“There is in Kenya, no law providing for a hospital’s right of lien over patients or over their remains should they die while hospitalised or while undergoing treatment,” the judge said.
A right of lien is a creditor's legal claim or right to hold onto a debtor's property until a debt is repaid or an obligation is met.
