Kituo cha Sheria filed a constitutional petition challenging the suspension of medical services for persons in lawful custody at Mbagathi Hospital. The suspension risked denying inmates access to essential healthcare, contrary to Article 43 (right to health) and Article 51 (rights of persons in custody) of the Constitution of Kenya. The petition followed Mbagathi Hospital’s decision to suspend treatment for inmates due to an unpaid debt of over KSh 12 million owed by the State Department for Correctional Services.
On 8th September 2025, the High Court at Milimani, presided over by Justice Bahati Mwamuye MBS, issued a conservatory order compelling Mbagathi Hospital to immediately resume admitting and treating inmates referred to it, whether for emergency or non-emergency cases.
The Court also directed the Kenya National Commission on Human Rights and the State Department for Correctional Services to make a substantial payment of not less than KES 10 million within 14 days to settle part of the outstanding debt owed to Mbagathi Hospital.
Justice Mwamuye emphasized that persons in custody retain their fundamental rights and freedoms under the Bill of Rights, except where limitations are compatible with incarceration. He further noted that denial of medical care amounts to cruel, inhuman, and degrading treatment.
Through this petition, Kituo cha Sheria reaffirms its commitment to defending constitutional rights and ensuring dignity and justice for vulnerable groups.
By; Rony Alal