The Bill seeks to protect emergency patients and families facing unpaid hospital bills.
The Bill would penalise upfront payment demands for emergency care and prohibit hospitals from holding patients or bodies over unpaid bills.
The National Assembly has passed the Health Amendment Bill, which seeks to bar upfront payment demands before emergency treatment. It also seeks to prohibit hospitals from detaining patients or withholding bodies over unpaid medical bills.
Kirinyaga Woman Representative Jane Njeri Maina sponsored the Health (Amendment) Bill, 2024. MPs approved it at its third reading on November 11, 2026.
The proposal now heads to the Senate for consideration. It would then proceed to President William Ruto for assent, subject to completion of the legislative process.
Health Amendment Bill proposes fines
Under the proposed changes, public healthcare facilities demanding advance payments before emergency treatment could face fines reaching Sh3 million. Public healthcare officers authorising or facilitating the detention of bodies could also face fines of up to Sh2 million.
The Bill seeks to amend the Health Act, 2017, and strengthen protections for patients facing urgent medical needs. It would also prohibit hospitals and mortuaries from holding bodies to force families to settle outstanding bills.
Article 43(2) of the Constitution guarantees access to emergency medical treatment, while Article 28 protects human dignity. The existing Health Act also provides for emergency care, including stabilisation and referral when facilities cannot offer required services.
However, Maina argued that demands for deposits undermine constitutional healthcare rights and distress vulnerable families. Health Committee Chairperson James Nyikal similarly said the proposal aims to guarantee emergency treatment regardless of financial circumstances.
Families and patients seek protection from detention
Maina said cases she handled as an advocate informed the amendments. One involved Kelvin, a former medical student who entered the boda boda business after struggling to find employment.
He died in a road accident. Maina said a funeral home held his body for nearly a year over a Sh1.42 million bill. She represented his family without charging legal fees.
Courts have also challenged the use of patients and bodies as security for hospital debts. The High Court ordered Cana Hospital and Umash Funeral Home to release Erick Migwa’s body despite a Sh4.4 million bill.
Justice Patricia Nyaundi awarded his widow Sh1 million in damages, holding that a body cannot secure a debt. However, the court affirmed that hospitals could pursue payments through lawful debt recovery procedures.
In another case, the High Court awarded Herman Kinoru Sh800,000 after finding that Labib Hospital unlawfully detained him. The hospital held him for more than two months after recovery over a Sh3 million bill.
Meanwhile, nominated MP Irene Mayaka supported the Bill but urged structured payment arrangements. She argued that hospitals should recover costs without compromising patients’ dignity.
