BY SAM ALFAN.
The Nairobi Women’s Hospital has been ordered to pay a former patient Sh3 million for detaining her after failing to raise her hospital bills.
In a blow to the hospital, Justice Weldon Korir ruled that the institution violated Emmah Muthoni Njeri’s rights by detaining her for lack of and failure to pay the bills.
“A declaration is hereby issued that the Respondent (Nairobi Hospital) by unlawfully detaining the Petitioner for failing to pay her medical bill, infringed upon her constitutional rights and fundamental freedoms under Articles 28, 29 and 39 of the Constitution,” the Judge said.
The court awarded Muthoni Sh3 million general damages but which will be used to offset a bill of Sh1.78 million, she incurred at the hospital.
Muthoni sued the hospital seeking declaration that the actions of the Nairobi Women’s Hospital amounted to an infringement of her rights. She sought permanent injunction, restraining the hospital from continuing or proceeding with the unlawful detention and incarceration of the Petitioner.
She urged the court to compel the hospital to release her from the unlawful detention, after she was unable to pay S1,351,510. She revealed that she had pleaded with the hospital to release her and she would pay the balance in vain.
Instead, she was unlawfully and illegally detained at the Hospital premises as the institution continued to levy what she termed as unreasonable and unjustified charges.
She argued that as of October 10, 2018 her bill had risen to Sh4,029,429.
It was her argument that her constitutional rights and fundamental freedoms under Articles 27, 28, 29 and 39 of the Constitution, being the rights to equality and freedom from discrimination, human dignity, freedom and security of the person, and freedom of movement respectively were infringed by the actions of the hospital.
The hospital denied that the detention was unlawful arguing that she was there because she could not clear her medical bills.
The Hospital further argued that the Muthoni signed an undertaking at the time of her admission that she would cater for all medical services rendered once furnished with a medical bill.
Further, during her treatment, Muthoni was updated on the status of the medical bill and continued to assure the Hospital that the bill would be settled in full.
The hospital stated that on October 19, 2018 the Petitioner was released from the Hospital on a written agreement that she would pay Sh. 10,000 million per month until the entire debt of Sh. 2,727,536.05 million is paid in full.
The Petitioner had allegedly failed to pay any amount and she was in arrears and the allegation that the Respondent violated the Petitioner’s constitutional rights is denied and the Petitioner is put to strict proof.
