Judge orders independent report on ICU patient in Sh52m bill case

The High Court in Nairobi has ordered the Aga Khan hospital to allow an independent medical doctor to determine if an ICU patient can be transferred to in a Sh52 million medical bill row.

Justice Roselyn Aburili said that although the patient, who cannot be named for ethical purposes, is being treated at the health facility and the bill continues to balloon further, there was a need to have a medical report before deciding on which hospital he could be transferred to.

Aga Khan does not want anything to do with the patient, saying that the family only managed to pay the admission fee but cannot raise the amount accrued so far.

Justice Aburili said that the issue of the unpaid bill could be dealt with separately, but the central issue now was an assessment of the patient’s state is.

“ In the circumstances, I hereby order that Dr Paul Wangai does, and without delay, meet the Chief Medical Officer of the petitioner Hospital with a view of being granted the hospital permission and or necessary exemptions to enable him see and review the 2nd respondent and to provide his opinion on an alternative suitable health facility that the 2nd respondent patient can be moved to for further medical care,” ruled Justice Aburili.

The hospital wants the court’s green light to have the patient either transferred at home or another medical facility.

 The case before the court paints a dire picture of struggling Kenyans who can barely meet the cost of medical care, especially emergency, with the hospitals left with no option but to seek the court’s help as they cannot discharge the patients or transfer them to new facilities.

In this case, the private hospital stated that the patient has been on the sick bed for close to six months now, with his condition escalating to the Intensive Care Unit.

The court heard that so far, the cost of treating him has hit Sh52 million, and the family has only paid Sh 100,000, which guaranteed him an admission.

 It alleges that the patient’s family had promised to do a harambee to offset at least Sh 7 million, but the same was not forthcoming.

 From the Aga Khan’s documents, the patient was admitted on October 10 last year on an emergency basis to the ICU. 

By November 5, the bill was at Sh 7 million. Five days later, the amount shot to Sh 10 million. Aga Khan claimed that the family had allegedly intimated that their relatives abroad would send some Sh 3 million. Nevertheless, the next of kin, who is his son, allegedly declined to give consent for him to be transferred.

 According to the hospital, they then held a meeting on November 25, 2025, with the patients services manager, and this time, the patient’s son allegedly promised that a loan was being processed to defray some Sh7 million.

Aga Khan claimed that the patient is now out of danger, but the cost of taking care of him is at Sh 52 million. It stated that his son has allegedly refused to have him moved to the Kenyatta National Hospital ICU or any other health facilities or a nursing home.

Aga Khan’s clinical liaison officer Dr. James Njenga swore an affidavit in support of the case. he explained that the patient’s blood circulation is now okay, and no longer needs tube feeding or an oxygen system to live.

He, however, said that he needs continuous care. According to Njenga, the services JGK needs could also be offered at public health facilities.

“ I know the patient does require continuous medical treatment and such treatment is available at subsidized costs in public health facilities such as Kenyatta National Hospital and or several other health care facilities at the level of nursing homes, but the respondent has declined to consent and insists on having the Patient stay at an acute care facility,” argued Njenga.

 It is not the first time that the Aga Khan is seeking the court’s green light to either kick out a patient or even sell properties used to secure healthcare over ballooning medical costs.

Last year, it asked the court to be allowed to sell two properties owned by the parents of a 30-year-old patient, which they used to secure his release in a Sh 21 million medical bill.

In its case filed before the Commercial Court in Nairobi, alleged that the father, and his wife and another guarantor had guaranteed to pay the amount from 2019 when the patient was discharged.

Nevertheless, the hospital said from when the patient was discharged on or about June 20, 2019, the bill had not been settled.

 one document indicated that he was insured by the UAP Insurance, but the maximum limit was Sh 898,000.