I am in the middle of a 2 day workshop for public interest lawyers in Naivasha, in the Rift Valley. We are looking at economic, social and cultural rights as they are affected by Kenya’s new constitution.
Our sub-group just spent the last hour talking about whether or not the following common situation raises legitimate constitutional issues of public concern:
A woman giving birth at home runs into complications and is rushed to the nearest state hospital (often by motorcycle) where she gives birth. When she is not able to pay the bill, the hospital security guards do not allow her to leave the hospital. Apparently she is held indefinitely until somebody pays, or some other resolution is reached.