1. The court has heard both Advocates in this matter Mr. Alosa for the Petitioner and Mr. Owade for the Respondents.
2. It has been informed that the patient subject of this petition, BEATRICE KASANDI was admitted by the respondent with liver condition and was placed in ICU facility of the respondent but has now been stabilized and it has emerged that she is suffering from Liver Cancer, which condition the respondent does not treat.
3. The only option is to have her transferred to a facility which can offer oncology services.
4. However, there is a dispute over pending bill which the respondent has said it amounts to over Kenya Shillings Three (3) Million but which the petitioner is contesting.
5. The respondent has categorically stated that it is not detaining the patient and has always been willing to release the patient to the right next of kin who have not come forward.
6. Nevertheless, it is revealed by the petitioner at paragraph 7 of further affidavit that the patient has next of kin members who include her sister, Hellen Malesi, Alvin Aningu (patient’s son) and Cynthia Aningu (patient’s daughter) among others.
7. The petitioner’s advocate has agreed that if indeed this is the only condition the hospital wants met, the relatives are willing to visit the hospital and have the patient released to them.
8. In the circumstances, I make the following orders:
i) That pending the hearing and determination of this petition, the court orders the respondent to immediately release the patient BEATRICE KASANDI to Hellen Malesi, Alvin Aningu and Cynthia Aningu to enable the patient access specialized treatment in oncology at a medical facility that the said services are offered.
ii) Mention on 24th September, 2025 for directions on the hearing of the main petition.
Dated, signed and delivered virtually at Nairobi this 22nd day of July, 2025.
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L N MUGAMBI
JUDGE
2. It has been informed that the patient subject of this petition, BEATRICE KASANDI was admitted by the respondent with liver condition and was placed in ICU facility of the respondent but has now been stabilized and it has emerged that she is suffering from Liver Cancer, which condition the respondent does not treat.
3. The only option is to have her transferred to a facility which can offer oncology services.
4. However, there is a dispute over pending bill which the respondent has said it amounts to over Kenya Shillings Three (3) Million but which the petitioner is contesting.
5. The respondent has categorically stated that it is not detaining the patient and has always been willing to release the patient to the right next of kin who have not come forward.
6. Nevertheless, it is revealed by the petitioner at paragraph 7 of further affidavit that the patient has next of kin members who include her sister, Hellen Malesi, Alvin Aningu (patient’s son) and Cynthia Aningu (patient’s daughter) among others.
7. The petitioner’s advocate has agreed that if indeed this is the only condition the hospital wants met, the relatives are willing to visit the hospital and have the patient released to them.
8. In the circumstances, I make the following orders:
i) That pending the hearing and determination of this petition, the court orders the respondent to immediately release the patient BEATRICE KASANDI to Hellen Malesi, Alvin Aningu and Cynthia Aningu to enable the patient access specialized treatment in oncology at a medical facility that the said services are offered.
ii) Mention on 24th September, 2025 for directions on the hearing of the main petition.
Dated, signed and delivered virtually at Nairobi this 22nd day of July, 2025.
…………………………………………..
L N MUGAMBI
JUDGE