The High Court has fined the Nairobi South Hospital shs 7 million for detaining two minors whose parents were unable to settle a hospital bill.

In February 2021, a couple Charles Kyalo Ndonye and Virginia Adhiambo Olembo visited the hospital and Virginia gave birth to quadruplets through C-section.

In petition no. E082 of 2021 dated 17th March 2021, the parents said that the minor’s rights were violated.

They sued the hospital demanding kshs 48 million in damages.

According to court documents, Virginia Adhiambo Olembo four (4) sons were prematurely delivered through a C-section on 11th February 2021 at the Hospital.

The Hospital said it had to purchase two more CPAP machines to accommodate the four (4) minors.

Since they were underweight they were kept at the Neonatal Intensive Care Unit.

They therefore required specialized care and treatment which came at a considerable cost.

The Hospital said two of the minors were discharged into their grandmother’s care upon attaining the required weight, since their mother still needed medical care.

This was on 26th February 2021.

Their mother was later discharged on 5th March 2021 but the two other minors remained behind due to their low weight.

They were later discharged on 14th March on the recommendation of the Pediatric doctor-the hospital said in court documents.

The Nairobi South Hospital said that as at the time of discharge of the first two minors and the mother, the pending bill was Kshs. 1,467,429.

Charles Kyalo Ndonye was to pay Kshs. 200,000/= by 8th March 2021.

At the time of discharge of the remaining minors (25th March 2021) the outstanding bill was Kshs. 3,137,848.83, which the hospital said is yet to be settled.

The hospital said all along the parents have never been serious about settling the bill.

The hospital said in court documents that even the pledge Ndonye made on 15th March 2021 has never been honored.

The Hospital said it complied with Article 43(1)(e) of the constitution by offering medical services to Virginia and her four (4) babies.

The couple’s medical Insurance AAR undertook to only pay Kshs. 200,000/= as the limit.

The hospital said the couple never notified it that they were not able to settle the charges for a private facility.

Nairobi South Hospital said that before starting an online campaign to tarnish its name, the couple had never made any offer of settling the bill.

However, High Court Judge H. I  Ong’udi said the Hospital violated the couple and the minor’s rights by holding onto the minors as lien as a condition for payment of the outstanding hospital medical bill.

According to the Court, the infants were detained at the Nairobi South Hospital for 10 days between 15th March 2021 to 25th March 2021.

“I find an award of Kshs. 3,000,000/= for each minor to be appropriate. I award the petitioners Kshs. 500,000/= each,” the Judge ruled.

The Court said that the conduct of holding onto the minors as a condition for payment of the outstanding medical bill is unlawful and unconstitutional as it violates the minor’s rights under Articles, 28, 29(1), 53(1) (c) 7 (f) and the petitioner’s rights under Article 25(a).

The ruling was delivered on 20^th December 2022.

The Hospital is located in Nairobi’s South C region.

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