Court declines to certify as urgent suit by brain surgery patient seeking release from hospital 

A Milimani High Court judge has declined to certify as urgent an application seeking the immediate release of a brain surgery patient from Nairobi Adventist Hospital.

Instead, Lady Justice Patricia Nyaundi directed that the hospital be served and given seven days to respond.

Justice Nyaundi, directed that the petition filed on behalf of Caroline Khatenje Amukune, who remains confined at the hospital despite being medically cleared for discharge, be physically served on the hospital within three days.

She also ordered that the hospital file its response within seven days of service, and set a mention date of June 16  to confirm compliance and take further directions.

The family’s lawyer, Elkana Mogaka, had filed a certificate of urgency on May 21, asking the court to hear the application ex-parte and grant orders compelling the hospital to immediately and unconditionally discharge Amukune.

Among the reasons cited were that the patient requires physiotherapy for paralysis on her right side following brain surgery, that continued detention causes “mental anguish,” and that further hospital charges continue to accrue.

Amukune, a mother of five and a food vendor who sells at construction sites, was admitted on May 5, with a traumatic brain injury following a road traffic accident.

She underwent emergency brain surgery.

According to court documents, the hospital medically cleared her for discharge on May 18,  but has refused to physically release her over an outstanding balance.

The family has paid Sh172,770 out of pocket.

The Social Health Authority (SHA) contributed Sh342,900 through a beneficiary cover.

The hospital claims an outstanding balance of approximately Sh570,777, a figure the family disputes.

The petition seeks a declaration that the detention is unconstitutional, immediate release, and an order nullifying all charges accrued from the date of discharge.

“The 2nd petitioner is a mother to five. Her continued detention over an unpaid medical bill is causing unnecessary angst, psychological stress and denying her children maternal care contrary to the Children’s best interests under Article 53 of the Constitution,” read the court documents.