KNH told to release man in bill row

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By NATION CORRESPONDENT
Posted  Friday, July 6  2012 at  23:30

Kenyatta National Hospital has been ordered to discharge a patient who claims the institution is detaining him for failing to pay a Sh1.2 million medical bill.

Judge Mumbi Ngugi directed the hospital to release Mr Nathan Muhangani Shimwenyi and furnish him with his medical records to seek alternative medication elsewhere pending the hearing and determination of his petition against KNH. She, however, said Mr Shimwenyi should pay the hospital Sh250,000 and deposit a surety for the remaining amount before being released.

Lady Justice Ngugi said that the petition raised fundamental constitutional rights, which can only be determined by a bench of three judges, and referred the matter to Chief Justice Willy Mutunga for further directions.

“The issues raised are very critical and touch on basic fundamental rights that require extensive determination by an uneven number of judges. I, therefore, refer the matter to the CJ to constitute a bench to hear the application on a priority basis,” ruled judge Ngugi.

In the event that a bench appointed by the CJ finds that the patient was detained at the hospital unconstitutionally, the petition is likely to open a floodgate of suits against various hospitals across the country that have been refusing to discharge patients until they clear their bills.

Mr Shimwenyi, a road accident victim, on Thursday filed an urgent application against KNH claiming he was being detained despite offering to pay Sh250,000 and to deposit his title.