Nairobi Commercial Court will rule on 4 September on whether Kenyatta National will release the detained body of the legendary boxer unconditionally.
This is after lawyers told the court that KNH has not reached any settlement with the family of the late boxer Muchoki Mwangi over Sh 750,000 medical bill, the court heard.
The hospital management has stood on their ground to have the money paid before releasing the body to the family for burial.
Trial Magistrate E. K. Nyaloti was told that family is not able raise the amount demanded and it could be for the interest of justice that body is given to the lonely daughter for burial.
City lawyer Shadrack Wambui, told the court that its against public policy to hold the body when it has been demonstrated that indeed their is financial constraints.
He said that the hospital being a public institution getting its budgetary allocation from the government should consider to wave the medical bill demanded.
The deceased lived a very amble life in Kayole area, Nairobi county and left no property that can be placed as security in order to have the released.
Wambui said that the court was approached after the family failed to raise the amount sought by the hospital management.
The lawyers Danstan Omari, Shadrack Wambui, Dorcas Mwae, Alex Mola, Baston Haggal and Anita Masaki on behalf of Nancy Njeri daughter to the deceased Muchoki Mwangi, sough the court’s intervention to have the body released.
In the urgent application filed at high court, the advocates have advanced the inability of the lonely daughter to raised the amount demanded by the hospital.
They have sought an order barring the management of KNH from levying any charges or fees on account of keeping the deceased’s body.
” The court in the interest of justice should compel the hospital to unconditionally and immediately release the cadaver of the late Muchoki to his daughter for burial” they argued.
The deceased was admitted the hospital facility on 28 April 2018 after his condition worsened at his home in Kayole area, Nairobi County.
He was taken to KNH by a good Samaritan who paid Sh 80,000 which included admission fees.
The lawyers says that after Muchoki passed on the daughter through her friends held fund’s drive in which Sh 100,000 was raised and the same was paid to hospital making a total of Sh 180,000.
The respondent have refused to release the body until the last coin as contained in the bill is paid, they note.
The deceased was a man of low income earner without any fixed asserts which can be offered as security or sold to settle the bill.
” Due to my inability to raise sufficient funds to secure my father’s discharge the respondent chose to exercise ” Lien” over the person of my father at its premises and would only be released when the bill is paid” the daughter says.
The deceased passed on 15 July 2018.
Mahakamani News is Kenya’s top court reporting and crime coverage website. If you have a case that needs coverage, or if you are facing injustice from powerful forces, fired unfairly or reporting any corruption or relevant news pertaining judiciary etc please contact us via firstname.lastname@example.org