Tanzanian courts are increasingly scrutinizing hospitals over their treatment of patients who cannot pay their bills, failures in emergency care, and allegations of medical negligence. Recent rulings have awarded damages and ordered facilities to respect patients' constitutional rights. One notable case involves Erick Migwa, who died at Cana Hospital in March 2026, leaving a Sh4.4 million medical bill. The hospital refused to release his body until the bill was paid, prompting his widow, Grace Migwa, to seek court intervention.
The High Court ruled in favor of Grace Migwa, ordering Cana Hospital and the morgue to release the body unconditionally. Justice Patricia Nyaundi stated that withholding the body was unlawful and morally untenable, as it effectively used the remains as collateral for a debt. The judge awarded the widow Sh1 million in damages and ruled that mortuary charges accruing after the unlawful directive were not payable by the family or Migwa's estate. The court also clarified that hospitals can pursue debts through civil proceedings but not by detaining a corpse.
This ruling sets a precedent for similar cases. In August 2026, the High Court ordered Karen Hospital to facilitate the unconditional release of Justin Njuguna Mwangi's body. Mwangi was admitted on April 23 and died on May 24, leaving a Sh4 million bill. The Social Health Authority paid Sh421,120, while relatives and well-wishers paid Sh1.1 million, but Sh2.4 million remained outstanding. A relative sued, claiming the hospital unlawfully detained the body.
The court issued an interim mandatory injunction, and Justice Anne Okutoyi ruled that the law does not sanction the detention of a body or insistence on payment as a condition precedent to burial. The judge emphasized that delayed burial affects the dignity of the deceased, the emotional well-being of surviving relatives, cultural obligations, and the family's right to a decent burial. The hospital had argued that unconditional release without guarantees would cause financial prejudice.
Similar disputes have reached the courts. In September 2025, Justice Nixon Sifuna ordered the release of Caroline Nthangu Tito's body after payment of mortuary charges, while leaving the hospital free to pursue the treatment bill. The hospital had withheld her body over a Sh3.3 million bill and continued charging Sh2,000 a day for mortuary services. Justice Sifuna stated that there is no law providing for a hospital's right of lien over patients or their remains.
The issue of patients being held hostage over unpaid bills also affects living patients. In January 2025, the High Court awarded Herman Kinoru Sh800,000 after finding that Labib Hospital had unlawfully detained him for over two months to compel payment. Kinoru was admitted on August 24, 2021, and had paid Sh764,200 against a bill of Sh3 million but remained in hospital as charges accumulated. Justice Lawrence Mugambi ruled that holding a recovered patient to compel payment was unlawful.
A separate case involving Kenyatta University Teaching, Referral and Research Hospital shows that a finding against a hospital does not necessarily cancel a patient's debt. Mercy Kinoti said she and her minor son were kept in a ward for patients unable to clear bills after the child was discharged in May 2023. In June 2026, the High Court found that the mother and child had been unlawfully detained, awarded them Sh20,000 in nominal damages, and ordered Kinoti to pay the remaining bill of Sh111,576.
Key points
- Tanzanian courts are ruling that hospitals cannot withhold bodies over unpaid medical bills, as this practice is unlawful and violates patients' rights.
- The courts are also addressing issues of medical negligence and the quality and timing of treatment, awarding damages to affected patients and their families.
- Hospitals are being ordered to respect patients' constitutional rights and release bodies to families for burial, while pursuing debts through established civil recovery mechanisms.
