Parents sue Aga Khan Hospital for baby's body

Two parents have filed a lawsuit against Aga Khan University Hospital, accusing the facility of unlawfully withholding the remains of their deceased infant twin and detaining their surviving child due to an unpaid medical bill.

Sheikh Abukar Mohamed and Muhiba Ali claim that their newborn babies, one of whom tragically died, are being held at the hospital for more than 34 days now due to an outstanding bill of over Sh1.6 million for the delivery of the premature twins.

The lawsuit, filed at the Milimani High Court, accuses the hospital of causing emotional distress and unlawful detention, as the parents were unable to retrieve the body of their deceased child for burial or take their surviving infant home.

“We have paid the agreed Sh600,000, yet the hospital continues to hold both my deceased son’s remains and my surviving child. It is cruel and unjust,” said Muhiba, the mother of the twins.

The ordeal began on January 6, 2025, when Muhiba, who was seven months pregnant, visited Alliance Hospital in Nairobi for prenatal care due to a scheduled flight to the United Kingdom on January 24.

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Mohamed says that the doctors at Alliance Hospital recommended Muhiba to visit the Aga Khan University Hospital for a prenatal assessment.

He says that on January 7, 2025, Aga Khan Hospital confidently assured his wife, upon her clinic visit, that she was clear to travel since she was expected to deliver in March and advised a routine scanning on the progress of the pregnancy.

“In the midst of the first scan by the Aga Khan doctors and nurses, My wife, who was on the consultation table, went into sudden labour under unclear circumstances resulting in the premature birth of the twin baby boys,” Mohamed states.

The parents argue that they had not consented to the medical treatment given to their babies and the hospital continued to hold the infants despite their objections.

“At the date and time of delivery, the mother and myself did not consent nor sign the Aga Khan University Hospital’s request and consent for treatment and as a result, the Hospital held and continues to hold my twins as lien for settlement of the outstanding medical delivery bills,” Mohamed says.

The lawsuit also claims that the hospital’s actions were unlawful and caused severe emotional distress for the family. As the days passed, the couple claimed they were denied the opportunity to transfer their surviving twin to another medical facility for proper neonatal care.

“On January 8, 2025, due to our non-consent to the hospital’s medical services, we made arrangements to have the premature babies transferred to Kenyatta National Hospital for the required neonatal intensive care services. The hospital, however, declined our request,” he said.

The hospital is yet to file a replying affidavit.