The High Court has directed the State Department for Correctional Services to pay at least KSh10 million to Mbagathi Hospital within 14 days for medical services offered to inmates.
Justice Bahati Mwamuye issued the order after warning that failure to clear the debt threatened to violate prisoners’ constitutional right to access healthcare. The dispute stems from unpaid bills owed by the Prisons Department and the Ministry of Interior to the Nairobi-based referral hospital.
While lawyers for both sides signaled the matter could be resolved amicably, they conceded that the urgency lay in safeguarding inmates’ health. In his ruling, Justice Mwamuye underscored Article 43(1) of the Constitution, which guarantees the right to the highest attainable standard of health, and Article 51(1), which protects the rights of persons in custody.
The judge also issued a conservatory order requiring Mbagathi Hospital to continue admitting and treating inmates referred to it by prisons whether for emergency or routine care until October 8, 2025. The Principal Secretary for Correctional Services must personally file an affidavit confirming compliance with the payment order by September 26, 2025. The matter will be mentioned virtually on October 7 to confirm compliance and give further directions.
The case was filed by Kituo Cha Sheria, which moved to court urgently after Mbagathi Hospital allegedly suspended treatment for prisoners on August 4 over an outstanding bill of about KSh12 million. The legal aid organization, through Executive Director Dr. Wambua Kituku, argued that the suspension had exposed inmates including those with chronic and life-threatening conditions to grave risks of deteriorating health, preventable suffering, and possible loss of life.
