Agha Khan university Hospital has been sued over alleged illegal detention of Twins due to disputed unpaid medical delivery bills.
Through Lawyer Abdulhakim Dahir,the victims Shaikh Mohamed and Mohamed Muhiba have moved to the high court in Nairobi at constitutional and human rights division seeking orders to have their minors one of which is deceased released from hospital.
They claim that the facility has been holding their minors for over 30 days now and they want to burry their deceased child as per their cultural rights. “On the date and time of delivery,the victims did not consent to the hospital’s request and consent for treatment and as a result, it unlawfully and illegally held twin baby 1 boy now deceased and Twin baby 2 boy for over a month now,”said lawyer Dahir in court documents.
They say that their efforts to have their premature born minors transferred to Kenyatta National Hospital and Care Hospital were ignored by the Agha Khan management on pretext that the two facilities lacked required prenatal care Intensive Care Unit.
Their cry is that due to the continuous medical non-attendance and under-monitoring by the Agha Khan doctors and nurses on grounds of unsettled bills,the life of Twin 1 baby boy was prematurely ended.
According to them,in bid to secure liberty of the minors and their mother,They entered into negotiations with the facility’s credit control department in which an agreed sum of Sh 600,000 was agreed to be paid.
They claim that up to date for over a month now,Agha Khan Hospital continues to hold illegally the remains of of the late Twin and surviving baby Twin boy even after they had cleared the agreed sum of Sh 600,000 of over total of over Sh 3M bill that they had negotiated.
Dahir says that the detention limits the minors movement and liberty rights under Articles 29(1),39(1),53(1&2) of the constitution of Kenya and section 18 of the Children’s Act cap 141of the laws of Kenya.
He says that unless court intervenes,the minors and their parents are being exposed to untold emotional and psychological torment,Distress and torture against their rights under Articles 25(a) of the Constitution of Kenya and against the principle of Survival and Best Interest of the child.
They say that they stand to suffer irreparable harm unless the court certifies the instant application urgently and order their release pending the hearing and determination of the suit.
The matter was filed on February 13/2025 and Justice Today is awaiting response from the respondents.
