The High Court in Nairobi has certified as urgent a case filed by a man seeking to compel Westlands General and Specialist Hospital and Chiromo Funeral Home to release the bodies of his late wife and stillborn child allegedly being detained over an unpaid medical bill.
Justice Prof. (Dr.) Nixon Sifuna directed that the application filed by Geoffrey Imende Otieno be served immediately, with responses to be filed within two days.
The matter will be heard orally on October 22, 2025.
In the urgent application filed through lawyer Stephen Ligunya, Otieno claims that the hospital has refused to release the burial permit for his late wife, Doreen Namabuma Jilo, who died on September 29, while undergoing intensive care treatment for maternal complications.
The court heard that Jilo’s complications had earlier led to the stillbirth of their nine-month-old baby on September 17 and that both bodies were transferred to Chiromo Funeral Home for preservation.
Otieno said the hospital has declined to issue the burial permit, insisting that he must first settle an outstanding medical bill of sh2.6 million, despite his efforts to clear part of it amounting to Sh1.05 million.
He argues that the hospital’s decision to withhold the burial permit has made it impossible for him to retrieve the bodies for burial, as Chiromo Funeral Home requires the original permit before releasing any remains.
In his affidavit, Otieno, a motorcycle courier earning about Sh25,000 per month, says he is unable to raise the full amount and that the continued detention of the bodies is unlawful and inhumane.
“The hospital’s actions amount to withholding a dead body as collateral or security for debt recovery, which goes against public policy and established legal principles,” read the court documents state.
Otieno adds that the delay in releasing the remains has also led to rising mortuary fees.
He wants the court to direct the hospital and funeral home to release the burial permit and the remains of his wife and child to allow for their burial on October 18 in Vihiga County.
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