What the court said on dead bodies detention

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.