Commission Intervenes to Secure Release of Deceased's Body from KUTRRH

 Kenyatta University Teaching, Referral and Research Hospital (KUTRRH) has released the body of a deceased individual to the family after it had initially been withheld, thanks to the timely intervention of the Commission.

The Kimya Kimya Self Help Group sought the Commission’s assistance after KUTRRH decided to detain the body of their deceased member until the outstanding hospital bill was fully paid. According to the group, the member had been struck by a moving van near Riverside next to the Kamukunji Police Station, leading to his admission to the facility on March 14, 2025. Tragically, he succumbed to his injuries on June 18, 2025.

After his passing, the body was transferred to Kenyatta Memorial Funeral Home for storage. As of July 15, 2025, the hospital bill had accrued to Kshs. 1,938,200.10, with morgue storage fees amounting to Kshs. 1,000 per day. The group further explained that the deceased’s family is indigent, has no source of income, and is unable to raise the required payment. They expressed a strong desire to provide the deceased with a dignified and respectful send-off, which was hindered by the hospital’s retention of the body.

The Commission promptly initiated an inquiry with the CEO of KUTRRH. In its communication, the Commission reminded the hospital of the constitutional provisions safeguarding human dignity and rights.

 “Article 19 of our Constitution unequivocally recognizes that the purpose of protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities, promote social justice, and realize the potential of all human beings. These rights belong to every individual; they are not granted by the State and are subject only to the limitations contemplated in the Constitution,” the Commission noted.

 The inquiry further highlighted:

• Article 20(1), which guarantees that every person shall enjoy rights and freedoms to the greatest extent consistent with the nature of the right.
• Article 21(1), which imposes a fundamental duty on the State and all State organs to observe, respect, protect, promote, and fulfill these rights, including addressing the needs of vulnerable groups.

The Commission emphasised that the right to dignity extends posthumously under Article 28 of the Constitution.

Moreover, it drew attention to Section 137 of the Penal Code, which declares:

“Whoever unlawfully hinders the burial of the dead body of any person... is guilty of a misdemeanor.”

The Commission also referenced a landmark legal precedent from the case of Norah Masitza Mamadi & Another v. Mombasa Hospital Association T/A Mombasa Hospital (Unreported, Mombasa H.C.C.C No.153 of 2008). Justice Azangalala firmly stated:

“The deceased’s remains are not an asset that the Respondent may hold as lien. The Defendant cannot sell the same to recover its charges. It cannot pledge or otherwise use the remains as security. Indeed, the Defendant acknowledges that there is no property in the remains of the Deceased. So, Respondent has no basis of refusing to release the remains of the deceased at all.”

The Commission urged the CEO of KUTRRH to urgently address the complaint and assist the complainants accordingly. “Due to the urgency of this matter, please respond to us within forty-eight (48) hours, indicating the actions taken to resolve the complaint. We look forward to your prompt response and swift action,” stated the letter from the Commission.

Following the intervention, the Acting CEO advised that the deceased’s next of kin should present themselves at the hospital to arrange a settlement plan in accordance with hospital policy, which would facilitate the release of the body.

Subsequently, the deceased’s body was released to the family on July 31, 2025, allowing burial arrangements to proceed on August 1, 2025, in Kisii County.