Waziri Mayai Wa Maradhi
JF-Expert Member
- Jan 28, 2026
- 256
- 67
A family has petitioned the Nairobi High Court for immediate orders ordering Nairobi Adventist Hospital to free a lady they believe was wrongfully imprisoned due to an unpaid medical bill.
Caroline Khatenje Amukune claims that despite her doctors' clearance for release, the hospital violated her constitutional rights by allegedly refusing to release her.
Amukune had emergency brain surgery at the hospital after being in a car accident, according to court records. She was medically cleared for discharge on May 20, according to her family, but the hospital has still holding her because the entire medical cost hasn't been paid.
The family informed the court that they had already paid Ksh. 350,000—more than half of the total amount owed—and that they are prepared to execute a structured payment plan and debt acknowledgement for the remaining amount.
The petitioner, represented by attorneys Elkana Mogaka & Associates Advocates, contends that ongoing detention due to unpaid medical bills constitutes false imprisonment, wrongful detention, and a breach of the constitution's guarantees of dignity, liberty, mobility, and access to healthcare.
Citing Articles 28, 29, 39, and 43 of the Constitution, the petition claims that the patient and her family have suffered emotional distress, humiliation, and discrimination as a result of the claimed imprisonment.
The petitioner is requesting conservatory orders from the court, which would compel the hospital to release her immediately and without conditions, prohibit the facility from limiting her mobility due to the unpaid payment, and declare the ongoing incarceration to be illegal and unconstitutional.
If the court grants the orders, the application also requests directives for the Officer Commanding Station at Central Police Station to enforce compliance.
Caroline Khatenje Amukune claims that despite her doctors' clearance for release, the hospital violated her constitutional rights by allegedly refusing to release her.
Amukune had emergency brain surgery at the hospital after being in a car accident, according to court records. She was medically cleared for discharge on May 20, according to her family, but the hospital has still holding her because the entire medical cost hasn't been paid.
The family informed the court that they had already paid Ksh. 350,000—more than half of the total amount owed—and that they are prepared to execute a structured payment plan and debt acknowledgement for the remaining amount.
The petitioner, represented by attorneys Elkana Mogaka & Associates Advocates, contends that ongoing detention due to unpaid medical bills constitutes false imprisonment, wrongful detention, and a breach of the constitution's guarantees of dignity, liberty, mobility, and access to healthcare.
Citing Articles 28, 29, 39, and 43 of the Constitution, the petition claims that the patient and her family have suffered emotional distress, humiliation, and discrimination as a result of the claimed imprisonment.
The petitioner is requesting conservatory orders from the court, which would compel the hospital to release her immediately and without conditions, prohibit the facility from limiting her mobility due to the unpaid payment, and declare the ongoing incarceration to be illegal and unconstitutional.
If the court grants the orders, the application also requests directives for the Officer Commanding Station at Central Police Station to enforce compliance.
