Milimani High Court in Nairobi has awarded 800,000 shillings to a carpenter who was illegally detained for two months over unpaid medical bills worth over 3 million shillings. Justice Luke Mugambi found that Rabibu Hospital illegally detained Herman Kinola for two months from the time he was supposed to be discharged.

In view of the above, I make the following ruling. A declaration that the plaintiff was unlawfully detained at the respondent hospital in contravention of Articles 28, 29(a) and 39 of the Constitution.” Justice Mugambi said he would award the petitioner Sh800,000.

The judge also awarded Kinol the costs of the petition. ‘The conduct of the (respondent) hospital in detaining Kinor (petitioner) to compel him to pay unpaid medical bills has exposed him to scorn and ridicule from his entourage and relatives and has severely hurt his ego, thereby infringing on his inherent dignity,’ Justice Mugambi said. Justice Mugambi noted that keeping a person in hospital for over two months and making him pay hospital bills after he has been treated and fully recovered is punitive, unjust, unreasonable and unlawful.

Kinol said that although the debt was legally incurred, the measures taken by the hospital to force payment were callous and would not work in a civilized society. Kinol told the court that he was admitted to the hospital on August 24, 2021 and was treated until he was discharged on September 24, 2021.

He paid 764,200 shillings on claims amounting to 3,098,920 shillings as at November 15, 2021 but he was not discharged; instead he continued to be detained as the claims piled up day by day. According to Kinola, the illegal detention has subjected him and his entire family to financial and psychological trauma and torture as he was the sole breadwinner of the family.

He told the court that more than two months of unlawful detention had resulted in loss of income and made it difficult for him to resume his carpentry work, which would have enabled him to receive the payments due. The hospital filed a preliminary objection, which the High Court dismissed.

However, the hospital failed to file a response on several counts, leading the court to rule in favor of Quinol.