A court has found that a mother and her minor child were unlawfully detained at a hospital after they were prevented from leaving due to an outstanding medical bill. Citizen Digital reports
The court ruled that the hospital’s action amounted to constructive detention and violated their constitutional right to freedom and security of the person under Article 29(a) of the Constitution.
In the judgment, the court held that although the hospital’s decision to continue accommodating the mother and child was triggered by failure to clear the bill or agree on a payment plan, restricting their movement until payment arrangements were made was unconstitutional.
“The fact that the petitioner and the minor could not leave the hospital at will until an agreement was reached on payment of the medical bill amounted to constructive detention,” the court stated.
The court, however, dismissed other alleged constitutional violations, including claims relating to dignity, freedom of movement and the rights of the child, saying the petitioner had failed to meet the constitutional threshold required for such claims.
The judge noted that the child had been admitted to hospital in need of urgent medical care and that the facility provided treatment and support. The mother had also acknowledged that the minor was handled professionally.
The court observed that the continued stay at the hospital after discharge was not deliberate but arose from the failure by the parties to agree on settlement of the outstanding bill.
“The constructive detention was a constitutional violation nonetheless,” the court ruled.
The judge also found that the hospital continued to provide accommodation, food and medical care to the mother and child while awaiting payment, and rejected claims that the hospital imposed an illegal daily charge of Ksh.6,000 during the period of detention.
While the court found the mother partially responsible for the prolonged stay, it noted that she failed to comply with an earlier court directive requiring her to make monthly payments of Ksh.10,000 towards clearing the bill.
The court awarded the mother and child nominal damages of Ksh.20,000, citing the constitutional violation but also noting the lack of good faith in honoring the payment undertaking.
The compensation will be deducted from the outstanding hospital bill.
The court found that the original bill of Ksh.977,000 had been reduced by payments of Ksh.55,700 made by the mother, leaving a balance of Ksh.921,000. After deducting the damages awarded, the remaining amount payable stands at Ksh.901,465.
The hospital’s cross-petition seeking recovery of the medical expenses was dismissed, with the court holding that the claim was a contractual debt matter that should be pursued through a civil suit rather than constitutional proceedings.
The court ordered each party to bear their own costs, citing the public interest nature of the case.
In its final orders, the court declared that the mother and child were unlawfully detained at the hospital in violation of Article 29(a) of the Constitution, awarded them Ksh.20,000 in damages, and directed the mother to settle the outstanding medical bill.
