The family of a retired Nigerian Air Force officer, Air Vice Marshal (Rtd) Terry O. Okorodudu, has taken legal action against Aga Khan University Hospital in Nairobi, accusing the facility of unlawfully detaining his body over an unsettled medical bill of KSh 8 million.
In a petition filed in court, his daughter, Bidemi Okorodudu—who is also the legal representative of his estate—argued that the hospital’s decision violates Kenyan law and undermines the dignity of the deceased. She cited Article 28 of the Kenyan Constitution, which guarantees respect and dignity for every individual, even in death.
The grieving family is demanding urgent court orders to compel Aga Khan Hospital to unconditionally release the remains, prohibit any interference with burial arrangements, and allow repatriation of the body to Nigeria for full military honors.
However, the hospital has opposed the petition, insisting that the late officer underwent prolonged treatment requiring intensive care for multiple conditions. According to its legal response, Bidemi allegedly interfered with medical decisions, failed to honor payment agreements, and is now demanding not only a complete waiver of the bill but also KSh 70 million in damages and KSh 2 million for funeral expenses.
Aga Khan further argued that releasing the body without financial settlement would compromise its operations and infringe on its property rights. The facility asked the court to require Bidemi to provide an enforceable undertaking before the remains are released.
This dispute has ignited fresh debate on the legality and morality of hospitals detaining bodies over unpaid bills in Kenya, a practice that has faced widespread criticism from human rights defenders and legal experts. Many argue that while hospitals have a right to pursue unpaid debts, holding bodies as collateral amounts to cruelty for grieving families.
The case will now test the balance between hospital financial interests and constitutional protections of human dignity, with the final ruling expected to set an important precedent for similar disputes in the country.
