Rights groups suffer setback in Covid-19 isolation billing suit

The groups moved to court in October last year on behalf of two individuals whose medical bills amounting to Sh108,000 they claimed the government failed to settle. They claimed the two individuals were detained at KUTRRH after they were unable to clear the bills.

They were seeking a declaration that detention of the two individuals for failure to clear medical bills was a violation of the Constitution and they ought to be paid damages.

Pending the hearing and determination of the case, the rights groups wanted the court to forbid detention of other individuals.

But Justice Weldon Korir ruled that the issuance of the order as sought was not proportionate to the financial damage that will result if public health facilities are told not to collect isolation and treatment fees from Covid-19 patients.

The judge observed that the rights groups did not give a list of names or even a name of a patient detained by KUTRRH.

"Conservatory orders, in my view, should be issued to take care of an identifiable risk to constitutional rights and fundamental freedoms. The claim that the KUTRRH is detaining those unable to pay bills in respect of isolation and treatment for the Covid-19 disease is, therefore, not backed by sufficient evidence that would spur this court to reach into its quiver and withdraw an arrow to shoot down a violation of rights," said Justice Korir.

However, he noted that that is not to say that the petition does not raise arguable issues.