[2020] KEHC 6002 (KLR)
The court found that the patient was an adult woman of sound mind and, as such, had the right and discretion to determine her whereabouts after discharge from the hospital. There was no evidence of a contract obligating the hospital to release the patient only to the appellant, and even if such a contract existed,...
Source-derived case information.
- Citation
- [2020] KEHC 6002 (KLR)
- Parties
- Appellant: Sylvanus Manuel Walutsachi; Respondent: St. Mary’s Hospital Mumias
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 42 of 2019
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Judges
- DN Musyoka
- Legal Topics
- Hospital Liability, Patient Discharge, Adult Autonomy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sylvanus Manuel Walutsachi
Appellant
St. Mary’s Hospital Mumias
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the respondent hospital was liable for the disappearance of the patient after discharge.
- 2 Whether there existed a contractual obligation requiring the hospital to hand over the patient only to the appellant upon discharge.
Ratio Decidendi
The court found that the patient was an adult woman of sound mind and, as such, had the right and discretion to determine her whereabouts after discharge from the hospital. There was no evidence of a contract obligating the hospital to release the patient only to the appellant, and even if such a contract existed, it would be unconscionable as it would treat an adult as a chattel. Therefore, the hospital could not be held liable for the patient’s disappearance after discharge, and the appeal lacked merit.
Court Disposition
appeal dismissed with costs
Orders
- The appeal is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CIVIL APPEAL NO. 42 Of 2019
(Being an appeal from the original judgement and decree of Hon. MI Shimenga, Senior Resident Magistrate, of 4th April 2019 in Butere PMCCC No. 52 of 2018)
SYLANUS MANUEL WALUTSACHI................APPELLANT
VERSUS
ST. MARY’S HOSPITAL MUMIAS................RESPONDENT
JUDGMENT
I have read through the record of the trial court. It is about disappearance of a patient after discharge from hospital. It would appear that she went to live elsewhere with another man. The respondent cannot be responsible for that. The said patient was an adult woman of sound mind. It was within her rights and discretion to determine where she went after discharge. It was not established that there was a contract between the parties that the patient had to be handed over only to the appellant upon discharge, and even if that were the case, such contract would be unconscionable, for an adult human being is not a chattel. I do not find any merit in the appeal, and I do hereby dismiss the same, with costs.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 8TH DAY OF MAY, 2020
W. MUSYOKA
JUDGE