A man has filed a court case seeking to compel a hospital to release the body of his late wife for burial.
Geoffrey Imende Otiende, a bodaboda rider, alleges Westlands General and Specialist Hospital is holding the body of his wife, Doreen Namabuna, illegally because of a Ksh2.6 million medical bill that is yet to be paid..
Otiende said his wife died on September 29, 2025, while receiving intensive care after developing complications related to childbirth. She had suffered a stillbirth on September 17, 2025. Following her death, both bodies were transferred to Chiromo Funeral Home, which works in partnership with Westlands General and Specialist Hospital.
He explained that Chiromo Funeral Home requires a burial permit before releasing any body to the family.
“The first respondent’s actions amount to withholding a dead body as lien, collateral and security for recovery of debt, which is against the trite position that there is no property in a dead body,” he said.
At the time of her death, Doreen Namabuna’s medical bill had accumulated to Ksh2.6 million, prompting the hospital to withhold the burial permit until the amount is cleared.
Otiende argued that detaining the bodies violates public policy, noting that they pose health risks and should be laid to rest promptly.
He described himself as a man of modest means, earning about Ksh25,000 per month.
Court documents show that Doreen fell ill on September 17 and was rushed to Mbagathi Hospital, where doctors discovered that the foetus was no longer breathing. She underwent an emergency caesarean section to remove the foetus in an effort to save her life.
After the surgery, her condition worsened due to severe blood loss. She was later transferred to Westlands General and Specialist Hospital for specialized care, where she underwent two additional surgeries but unfortunately died while receiving treatment.
Otiende said he does not dispute that the hospital is entitled to payment but explained that he had exhausted all his savings and resources. He also sought help from friends and family to settle part of the bill. During her treatment, he managed to pay Ksh450,000 and later raised an additional Ksh650,000, which he also remitted to the hospital.
He argued that requiring full payment before releasing the burial permit and consequently the bodies, denies him the right to lay his wife and child to rest with dignity.
Otiende added that he is now the sole caregiver of their four-year-old son, who fully depends on him.
Justice Sifuna directed Otiende’s lawyers to serve the hospital with the application immediately and ordered the hospital to file and serve its response within two days. The case will be heard on October 22, 2025.
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