Aga Khan Hospital seeks court's approval to discharge patient

Before High Court Judge Bahati Mwamuye, last week was a rare case — a hospital seeking legal permission to part ways with a patient over an unpaid medical bill.

Aga Khan University Hospital filed a petition on May 13, 2025, seeking the court’s approval to discharge a patient, codenamed PN, or alternatively transfer her to Kenyatta National Hospital for continued care.

The hospital’s lawyer, Benard Busiku, told the court that by the time the case was filed, the patient’s bill had ballooned to Sh6.9 million.

Busiku claimed the hospital had held discussions with PN’s next of kin, proposing a transfer to a more affordable facility or enrollment in a home care program, but the proposals were declined.

“Despite numerous meetings and telephone conversations with the first respondent, consent for the transfer to a public facility, nursing home, or home-based care has been withheld. The petitioner is now unable to act, even as the bill continues to skyrocket,” Busiku stated.

• .

  Keep Reading

• 
  Justice for the dead: Families sue as hospitals detain bodies over bills
• 
  Support for Gachagua holds, judges' views divide bloc
• 
  UDA wrangles: Infighting, power rifts and defections shake the ruling party
• 
  President Ruto sued afresh in advisors appointment rows

He added that there had been an agreement for the next of kin to pay Sh100,000 by April 3, 2025, followed by weekly payments of Sh300,000, but this arrangement was not honored.

The patient’s insurance had covered Sh759,310, but it was far from sufficient.

Jackson Odera, the hospital’s Patient Business Services Department Manager, later told the court the bill had risen to Sh9.2 million.

However, the hospital withdrew the case on May 20, marking the second time it has filed — and later withdrawn — a petition seeking to discharge a patient or transfer them to a public facility due to unpaid bills.

A similar case was filed last year, involving an 18-year-old girl who was in the ICU, fighting for her life. She had initially been admitted to Kenyatta University Teaching, Referral and Research Hospital (KUTRRH) before being transferred to Aga Khan.