High Court orders Aga Khan to release body of Nigerian airman for burial

The High Court in Nairobi has ordered the Aga Khan hospital to release the body of the late Air Vice Marshal Terry Okorodudu of the Nigerian Air Force for burial.

Justice Lawrence Mugambi issued the orders after Okorodudu’s family led by his son Bidemi Okorodudu went to court seeking order to compel the facility to release the body despite a Sh8 million bill.

“Pending the hearing and determination of this petition, the body of the deceased Air Vice Marshal Terry Okorodudu (Rtd) be immediately released to facilitate its burial and final rights,” ordered Justice Mugambi.

The judge ordered Bidemi to deposit his passport with the court and to ensure that he is within Kenya’s jurisdiction until the hearing and determination of the dispute as to the payment of the outstanding bill.

“Alternatively to deposit the sum of Sh8 million in this court, pending judicial determination of the dispute as to the payment of the outstanding bill incurred on the treatment of the deceased’s father.”

In their case against Aga Khan hospital, Okorodudu’s family said that the continued detention of his body had denied them the right to bury him.

His body was held by the facility over a Sh8 million hospital bill that he left behind after admission between July 25 and September 9, 2025, when he died.

The initial bill was Sh9.8 million and the family paid Sh1.8 million leaving a balance of Sh8 million.

Bidemi in his affidavit said that the family disputes the bill raising issues with the standard of care offered to his late father which the family alleges led to complications, high hospital bill and eventually his death.

“The Estate of the Deceased has made requests for the release of the body, but the Respondent has declined and or neglected to release the body of the Deceased,” he said.

After his demise the family was informed of his death, and it says that it began arrangements for his burial in accordance with military and family traditions.

He further says that after he died, Aga Khan transferred his body to their morgue whose costs are high and the facility has refused to release it despite pleas.

Bidemi said that the Nigerian Air Force has communicated its readiness to receive his remains for a military burial at the Nigerian Military cemetery in Abuja.

“The detention of the Deceased frustrates these arrangements and risks causing grave diplomatic embarrassment between the Republic of Kenya and the Federal Republic of Nigeria.”

The son said that the continued detention of the body was undignified and Aga Khan is causing his family emotional anguish.

“Our cultural and religious beliefs require a dignified and prompt burial,” says Bidemi.

He adds; “I am advised by my advocates which information I verily believe to be true that the detention of a human body as "security" for a debt is unlawful and contrary to the dignity of the Deceased, freedom of religion, culture, and belief, and public policy.”

The facility’s manager in charge of Patient Services Business Jackson Awuor in his affidavit confirms the admission of Okorodudu and that his family filed a guarantee of payment dated July 25, 2025.

“That the Petitioner/ Applicant's father was a high-risk elderly patient and his treatment required a multidisciplinary team of doctors comprising of specialists from cardiology, nephrology, critical care, hematology, gastroenterology, cardiothoracie surgeons, interventional radiology, pain management and nursing to attend to him. Some of the comorbidities included.”

According to Awuor the air man was referred to the facility by Coptic Hospital and the referral note stated that he had been discharged after he refused to be treated as well as a push by his family.

“The referral note further stated that the Petitioner/ Applicant moved his father from Coptic Hospital as a self-referral to Karen Hospital only for him to end up bringing him to the Respondent's facility.”

Awuor said that Okorodudu received the best care at the facility but he was a difficult patient who was hostile to the clinical team and often disagreed with the recommended investigations and treatment.

“The Petitioner/Applicant not only declined to adhere to medical advice and treatment that was being provided by our doctors but also declined to cooperate with the doctors and nursing teams, conduct which I am advised by our advocates on record and which I verily believe to be true violated section 13 of the Health Act, 2017.”

Awuor further said that the referral note from Coptic hospital is consistent with the behavior Okorodudu is alleged to have displayed while at Karen Hospital.

He says that he held a meeting with Bidemi to and he requested the transfer of her father from the Coronary Care Unit (CCU) to the private ward.

“This request had earlier been declined by the Respondent on the basis of a high outstanding hospital bill. However, following discussions with the Petitioner/ Applicant, he committed to ensuring that the account balance remained below Sh1,000,000.”

The manager adds that Okorodudu’s hostility towards the medical team continued whenever they tried to perform any procedure on him despite advice on the risks and benefits.

He further says that during the insertion of a catheter its tip traversed the IJ vein into the carotid artery and was malpositioned in the arterial system after which the airman accused the doctor of incompetence.

Awuor says that the said doctor had performed the same procedure before on Okorodudu successfully and after this incident the airman’s family started disputing the bill.

In a meeting held on September 6, 2025, Awuor says that he raised the issue of the high hospital bill with Bidemi and he instead questioned the accuracy of the bill expressing reservations about care given to him.

“In management of patients, especially where procedures are involved, there is always a risk. However, it has never been a practice that when a risk manifests healthcare provider should not be paid for services rendered.”

Awuor adds that refusal by Bidemi to pay the outstanding bill on basis of negligence from the hospital should not be an excuse to collect his father’s remains from the facility scot free.

“Non- payment of bills by patients runs the risk of paralyzing hospital operations with the net effect of depriving other needy patients of treatment and care.”

He argues that the guarantee of payment on July 25, binds Bidemi and he should not run away from it using the court case.

“The reference to and reliance by the Petitioner / Applicant to recovery of the outstanding bill sum through the Foreign Judgment (Reciprocal Enforcement) Act is a red herring and grossly erroneous in light of the fact that Nigeria is not a reciprocal country under the Act.”

He says that in their demand letter to the hospital the Okorodudu family sought release of the body, a waiver of the Sh8 million bill and damages amounting to Sh70 million and Sh2 million for funeral expenses.

Awuor says that since the airman died, Bidemi had not visited his department to discuss the payment of the outstanding bill or offered any security.

He says that facility has experienced difficulty when chasing payments from foreigners when they exit Kenya.