Mbagathi Hospital gets reprieve in case over unpaid inmate bills

The High Court has ordered the State Department for Correctional Services to pay Mbagathi Hospital at least Sh10 million within 14 days for medical services rendered to inmates.

Justice Bahati Mwamuye issued the directive after noting that failure to settle the outstanding debt posed a potential violation of constitutional rights of prisoners to access healthcare.

The court heard that the dispute arose from unpaid bills owed by the Prisons Department and the Ministry of Interior to the Nairobi-based hospital.

Counsel appearing for the parties indicated that the matter could be resolved amicably but acknowledged the urgency of protecting inmates’ right to health.

In his ruling, Justice Mwamuye emphasized that Article 43(1) of the Constitution guarantees every person the right to the highest attainable standard of health, including access to healthcare services, while Article 51(1) safeguards the rights of persons in custody.

Pending full resolution of the debt, the court also issued a conservatory order compelling Mbagathi Hospital to continue admitting and treating all inmates referred to it by the prisons department, whether for emergency or routine care, until October 8, 2025.

The Principal Secretary for Correctional Services has also been directed to personally file an affidavit confirming compliance with the payment order by September 26, 2025.

The case will be mentioned virtually on October 7, 2025, to confirm compliance and give further directions.

In the case, Kituo Cha Sheria filed an urgent application at the High Court seeking to compel the government to restore medical services for inmates, after the public hospital suspended treatment over a debt dispute.