- The parents, Virginia Adhiambo and her partner Charles Kyalo Ndonye sued the hospital management seeking a declaration that the hospital’s conduct of holding the two minors as a condition for payment of the outstanding medical bill was unlawful, unconstitutional and violated the rights of minors as guaranteed in the constitution. The parents further sought court orders to compel the hospital’s management to immediately and unconditionally release the minors
By The Weekly Vision
A judge has ordered Nairobi South Hospital to compensate two minors for unlawful detention because the parents could not settle the hospital bill on time. Virginia Adhiambo, 26 gave birth to four quadruplets through C-section, she was forced to leave two of her four newborn babies in the hospital because she could not afford to settle the medical bill.
The parents, Virginia Adhiambo and her partner Charles Kyalo Ndonye sued the hospital management seeking a declaration that the hospital’s conduct of holding the two minors as a condition for payment of the outstanding medical bill was unlawful, unconstitutional and violated the rights of minors as guaranteed in the constitution. The parents further sought court orders to compel the hospital’s management to immediately and unconditionally release the minors.
The hospital administrative manager Mr Stephen Naulu claimed that four boys were prematurely delivered through a C-section on 11th February 2021 at their facility. Mr Mutavi also claimed that the hospital had to purchase two more CPAP machines to accommodate the minors, adding that at the time of their discharge, the first two minors the 2nd petitioner had a pending bill of Ksh.1, 467,429/49 while the 1st petitioner was to pay Ksh.200, 000/= by 8th March 2021 (SNM-2). At the time of discharge of the remaining minors (25th March 2021) the outstanding bill was Ksh.3, 137,848.83, which is yet to be settled.
In an interesting turn of events, it was discovered that despite an order for the release of the two minors issued by the Court on 17th March 2021, the hospital still failed to comply until 22nd March 2021 after an application for contempt of court was filed against them by the respondent. The minor’s father revealed that he was coerced into committing to clear all the outstanding arrears as a pre-condition for the release of the minor.
The Judge was shocked to note that the minors were unlawfully kept away from their mother. Further, the petitioners did not at any point refuse to pay the respondent’s bill, and what was outstanding was the balance. So, why were the innocent babies detained in the hospital after they were discharged on 14th March 2021 until the 25th March 2021? The petitioners proposed an award totalling Ksh.48, 000,000/= for a detention of 20 days for both petitioners and the two (2) minors.
For the avoidance of doubt, I wish to clarify that it is only the two minors who were detained and not the petitioners. Further, the period of detention was 10 days i.e. 15th March 2021 to 25th March 2021 and not 20 days as claimed by the Petitioners.
The ruling by Judge Ong’udi reads in part “From the foregoing I find it appropriate to make a declaration of the rights violated and to award the petitioners and the minors general damages for the said violation. ”I find an award for Ksh. 3,000,000 for each minor to be appropriate. I award the petitioners Ksh. 500,000”. The ruling was on the 20th of December 2022.
