The High Court has directed the State Department for Correctional Services to clear part of its debt to Mbagathi Hospital within two weeks, after the facility suspended medical services to prisoners over unpaid bills.
Justice Bahati Mwamuye ordered the department to pay at least Ksh10 million within 14 days, warning that the government’s failure to settle hospital bills was putting the lives of inmates at serious risk.
The case was brought before the court by Kituo Cha Sheria, a legal aid organization, which told the court that since August 4, 2025, prisoners across the country had been denied healthcare after Mbagathi County Referral Hospital stopped attending to inmates over arrears of about Ksh12 million.
Dr. Wambua Kituku, the group’s Executive Director, said the suspension had left prisoners including those with chronic illnesses exposed to unnecessary suffering, worsening conditions, and even possible death.
In his ruling, Justice Mwamuye noted that the Constitution guarantees the right to health for all citizens, including those behind bars.
“The State cannot abdicate its constitutional duty to provide healthcare to inmates on account of unpaid bills,” he said.
The court went further to issue a conservatory order compelling Mbagathi Hospital to resume admitting and treating prisoners whether for emergencies or routine care until October 8, 2025, when the matter will be reviewed.
Meanwhile, the Principal Secretary for Correctional Services has been ordered to personally file an affidavit by September 26, 2025, confirming that the initial payment has been made. The case will be mentioned virtually on October 7, 2025, for compliance and further directions.
