Release bodies and recover debt lawfully, KMPDC tells hospitals
The Kenya Medical Practitioners and Dentists Council (KMPDC) sounded alarm over skyrocketing cases where hospitals are detaining and withholding bodies from families terming the move as illegal.
KMPDC ordered the unnamed to release the remains of a woman whom her family owes them Sh1.29million.
KMPDC issued the directive today after it received a complaint from JKM with the Commission on Administrative Justice, otherwise known as the Office of the Ombudsman.
JKM alleged that the hospital was unlawfully holding his wife’s body at Chiromo Mortuary after she died early last month while receiving treatment at their facility.
Following the intervention, the KMPDC Chief Executive Officer and Registrar instructed the hospital to release the body immediately and seek other lawful avenues to recover the debt.
“The position of the law is unequivocal: detaining a deceased body over outstanding bills is illegal. Importantly, releasing the body does not extinguish the hospital’s right to recover its debts. You are, therefore, directed to release the body without delay and thereafter pursue alternative lawful means to recover the outstanding amount from the family,” KMPDC ordered.
He shared that the hospital transferred the body of the late wife to Chiromo where they ordered it be not released until they pay the accumulated medical bill of Sh1,292,226.59, which the family could not afford to settle all at once.
In a statement issued today, the Commission on Administrative Justice said it initiated an inquiry with the Principal Secretary, State Department for Public Health and Professional Standards, once it received the complaint.
“Article 19 of our Constitution unequivocally recognizes that the purpose of protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities, promote social justice, and realize the potential of all human beings. These rights belong to every individual; they are not granted by the State and are subject only to the limitations contemplated in the Constitution,” the commission noted.
It further cited key provisions, including Article 20(1), which guarantees enjoyment of rights and freedoms to the greatest extent possible, and Article 21(1), which obligates the State and its organs to protect and fulfil rights, especially for vulnerable groups.
The commission noted that the right to dignity extends even after death under Article 28 of the Constitution and Section 137 of the Penal Code which provides that, “whoever unlawfully hinders the burial of the dead body of any person is guilty of a misdemeanor.”
Calling for urgent action, the commission directed the Principal Secretary to write back within two days given the seriousness of the matter.
“Due to the urgency of this matter, please respond to us within forty-eight (48) hours, indicating the actions taken to resolve the complaint. We look forward to your prompt response and swift action,” the commission added.
