The National Assembly passed the Health (Amendment) Bill, 2024 on Wednesday, November 11, 2026.
The Bill, sponsored by Kirinyaga County Woman Representative Jane Njeri Maina, seeks to outlaw the practice of hospitals detaining discharged patients and mortuaries withholding bodies as security for unpaid medical bills.
It would prohibit facilities from preventing medically discharged patients from leaving, require release of deceased persons’ bodies, and ban demand for deposits or proof of ability to pay before emergency treatment.
The amendment also introduces alternative debt-recovery mechanisms, encouraging hospitals to use structured payment arrangements rather than physical detention.
Public health facilities that insist on pre-payment for emergency care could face fines of up to KSh3 million, while public officers who authorise or facilitate detention of bodies could be fined up to KSh2 million.
Dagoretti South MP John Kiarie warned that emergency departments should assess patients’ medical condition before their financial capacity, and Embakasi East MP Babu Owino condemned the commercialisation of healthcare as contrary to the duty to do no harm.
National Assembly Health Committee Chair James Nyikal said sustainable participation in the Social Health Authority scheme would help address financial difficulties for patients and facilities.
Maina recounted the case of Kelvin, a former medical student whose body was held at a funeral home for nearly a year over an outstanding bill of KSh1.42 million, noting she had offered the family free legal assistance.
The Bill amends the Health Act (Cap 241) by inserting Section 7A, which creates personal liability for administrators who detain patients or bodies and sets corporate sanctions.
Having completed its third reading, the Bill now proceeds to the Senate for concurrence before being presented to President William Ruto for assent.
The legislation aligns with constitutional provisions protecting human dignity, freedom of movement and the right to emergency medical treatment, as well as Article 11 of the International Covenant on Civil and Political Rights.
