Kituo Cha Sheria has filed a case at the High Court seeking to compel the government to restore medical services for inmates, after a public hospital suspended treatment over a debt dispute.
In the petition, the legal aid organization claims that prisoners across Kenya have been denied access to essential healthcare since August 4, 2025, when Mbagathi Country Referral hospital allegedly halted all medical services to inmates from the Kenya Prisons Service due to an outstanding bill of about Ksh 12 million.
Through its Executive Director, Dr. Wambua Kituku, Kituo Cha Sheria says the suspension has exposed inmates, including those with chronic and life-threatening conditions, to grave risks of deteriorating health, preventable suffering, and possible loss of life.
The case, filed under a certificate of urgency, seeks interim orders compelling the hospital and the Ministry of Health to immediately resume admitting and treating inmates without discrimination, regardless of the pending financial obligations between state agencies.
The petition further asks the court to order the government, through the State Law Office, Ministry of Health, and the Kenya Prisons Service, to secure continuous access to medical care for all prisoners, either at the said hospital or alternative designated public facilities.
Kituo Cha Sheria argues that the suspension of treatment violates several constitutional rights, including the right to health under Article 43, the right to dignity under Article 28, and the freedom from cruel, inhuman, and degrading treatment under Article 29.
The organization adds that inmates, being in state custody, are wholly dependent on the government for their welfare and cannot independently access healthcare.
Kituo insists that unless the court intervenes urgently, the continued denial of healthcare will render the case meaningless, with prisoners facing irreparable harm and preventable deaths.
