Human rights and legal agency Kituo Cha Sheria moved to the High Court seeking urgent orders to compel the government to restore medical services for prisoners, following a suspension of treatment by a Nairobi public hospital over unpaid bills.
In court documents, the legal aid organization claims that inmates across the country have been unable to access essential healthcare since August 4, 2025, when Mbagathi County Referral Hospital allegedly stopped treating prisoners from the Kenya Prisons Service over an outstanding debt of approximately Sh12 million.
Through its Executive Director, Dr. Wambua Kituku, Kituo Cha Sheria argues that the suspension has placed inmates—many of them living with chronic and life-threatening conditions—at serious risk of deteriorating health, unnecessary suffering, and even death.
The case, filed under a certificate of urgency, seeks temporary orders compelling both the Ministry of Health and Mbagathi Hospital to resume admitting and treating prisoners immediately, regardless of pending financial disputes between state agencies.
The organization further wants the government, through the State Law Office, Ministry of Health, and the Kenya Prisons Service, to guarantee continuous access to medical care for inmates, either at Mbagathi or other designated public facilities.
Kituo Cha Sheria contends that denying prisoners access to treatment constitutes a violation of several constitutional rights, including the right to health under Article 43, the right to dignity under Article 28, and protection from cruel, inhuman, or degrading treatment under Article 29.
The group emphasizes that inmates, being in state custody, are entirely dependent on government services and cannot seek medical care independently.
The petition warns that unless the court intervenes swiftly, the ongoing denial of medical treatment will result in irreparable harm and potentially preventable deaths among prisoners.
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