The High Court has declined to certify as urgent an application seeking the immediate release of a patient detained at Nairobi Adventist Hospital over an unpaid medical bill.
Lady Justice Patricia Nyaundi instead directed the hospital to be served and granted seven days to respond to the petition.
The case filed by Caroline Khatenje Amukune, a brain surgery patient who the family says has remained confined at the hospital despite being medically cleared for discharge.
In directions issued by the court, the judge ordered that the petition and accompanying application be physically served on the respondent within three days.
The hospital was directed to file its response within seven days after service.
The matter will be mentioned on June 16, 2026, for compliance and further directions.
The family’s lawyer, Elkana Mogaka, had moved to court under a certificate of urgency on May 21, seeking orders compelling the hospital to immediately and unconditionally release the patient.
According to court documents, the application argued that continued confinement had subjected Amukune to mental anguish and prevented her from accessing physiotherapy treatment needed after suffering paralysis on the right side of her body following surgery.
The family also argued that hospital bills continued to accumulate during the detention.
Amukune, a mother of five and food vendor at construction sites, was admitted to the hospital on May 5 after sustaining a traumatic brain injury in a road accident.
She later underwent emergency brain surgery.
Court documents indicate that she was medically cleared for discharge on May 20, but the hospital declined to release her due to an outstanding bill.
The family says it has paid Kshs 172,770, while the Social Health Authority (SHA) covered shs 342,900 through beneficiary support.
The hospital reportedly claims an outstanding balance of approximately shs 570,777, which the family disputes.
The petition seeks a declaration that the alleged detention is unconstitutional, immediate release of the patient, and the nullification of charges accrued after the date she was cleared for discharge.
“The 2nd petitioner is a mother to five. Her continued detention over an unpaid medical bill is causing unnecessary angst, psychological stress and denying her children maternal care contrary to the Children’s best interests under Article 53 of the Constitution,” read the court documents.
