Aga Khan Hospital ordered to release withheld body of Nigerian military officer over Sh9.8million disputed bill

The family of a retired Nigerian military officer has gotten a reprieve after a High Court in Nairobi directed Aga Khan University Hospital to release the body of Air Vice Marshal Terry O. Okorodudu who passed while undergoing treatment at the hospital last month, for burial.

The hospital has so far detained the body twenty-five days now after the deceased died at the facility on September 9, 2025 while undergoing treatment over a disputed bill of Sh9.8million.

Justice Lawrence Mugambi directed the hospital to release Okorodudu’s body.

The judge, however, directed Bidemi Okorodudu, the son of the former military officer to deposit his passport in court and not leave the country, pending the determination of the disputed bill.

Alternatively, Justice Mugambi said Bidemi should deposit Sh8 million in court, as a condition for the release of the body for burial.

“It is also necessary to consider the apprehension by the respondent (Aga Khan) that the petitioner applicant (Bidemi) is a Nigerian citizen who could possibly leave the jurisdiction of the court, thereby frustrating the efforts by the respondent to recover the amount that may be found due, even if the hospital were to recover civil remedies because of extra-territorial jurisdiction,” said the judge.

The judge said even as the family insisted on the right of the body to be released, the hospital too, deserved the protection of the court in ensuring the right to demand its rightful dues are protected. Justice Mugambi said Okorodudu, who was admitted at the hospital on July 25, 2025, was admitted with the full knowledge that Aga Khan is a private hospital where he will be required to settle the bills.

The judge said the hospital performed its part.

“Alternatively, the petitioner shall deposit Sh8million in court pending judicial determination of the dispute as to the payment of the outstanding medical bill,” said the judge Bidemi accused the hospital of unlawfully detaining the remains of the retired serviceman over an outstanding bill of Sh9.8million.

He argued that holding a body as security for a debt is unlawful, unconstitutional, and against public policy.

He said in an affidavit that the family was undergoing immense anguish, humiliation and trauma, which cannot be adequately compensated by damages, if the body was not urgently released for interment.

Bidemi said his father was a distinguished serviceman of the Nigerian Air Force and that arrangements have been made for his military burial by the Nigerian government.

“The continued unlawful detention of his body risks causing serious diplomatic embarrassment to both Kenya and Nigeria,” he said.

The Nigerian said even if any sums were due, the hospital had adequate legal avenues to recover them under relevant laws.

He said Foreign Judgments (reciprocal enforcement) Act, provides a framework for reciprocal enforcement of debts and judgments between Kenya and Nigeria.

The family disputed the accuracy of the bill, raising issues with the standard of care offered to the retired military man, which they said led to complications, the high hospital bill and eventually his demise.

The family sought for immediate and unconditional release of the body, an injunction restraining the hospital from interfering with the burial, and orders to allow the repatriation of the remains to Nigeria for a military funeral.

Aga Khan University Hospital said the son executed a guarantee of payment for healthcare services to be rendered to his father and the case was an attempt to run away from honouring the guarantee. The hospital’s Patient Services Business Department Manager, Jackson Awuor said Okorodudu required highly specialised treatment for multiple complications, when he was admitted at the hospital.

The hospital said the retired military officer was a high-risk elderly patient and his treatment required multidisciplinary team of doctors comprising of specialists from eardiocology, critical care, pain management and nursing among others.

Aga Khan said the refusal to pay the bill on the basis of allegations of negligence is not excuse for him According to the hospital, the failure to pay bills risked paralysing its operations with net effect of depriving other needy patients’ treatment and care.

The hospital presented signed consent forms and medical reports to counter allegations of negligence, noting that the petitioner had consented to risky procedures but later accused doctors of negligence. The case will be heard on February 10, 2026.