Ruling On Release Of Boxer’s Body Set To September 4 After Family And KNH Talks Fail

by Mahakamani News

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.


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