MPs pass Bill barring hospitals from demanding upfront payments, detaining patients over unpaid bills

NAIROBI, Kenya, Nov 11 – The National Assembly has passed legislation seeking to end the practice of hospitals demanding upfront payments before providing emergency treatment and detaining patients or bodies of deceased persons over unpaid medical bills.

The Health (Amendment) Bill, 2024, sponsored by Kirinyaga Woman Representative Jane Njeri Maina, was approved during its third reading on Wednesday, November 11, 2026, marking a major step towards strengthening patients’ rights and protecting families facing financial difficulties.

The proposed law seeks to amend the Health Act, 2017, by making it an offence for healthcare facilities to deny patients emergency medical attention because they cannot immediately raise money for treatment.

It also seeks to prohibit hospitals and mortuaries from withholding the bodies of deceased patients as a means of compelling families to settle outstanding medical expenses.

Under the proposed amendments, public healthcare facilities found demanding advance payments before providing emergency treatment could face fines of up to Sh3 million.

Public healthcare officers who authorise or facilitate the detention of bodies over unpaid medical bills could also face fines of up to Sh2 million.

The legislation is intended to ensure that financial considerations do not stand in the way of saving lives, particularly when patients require urgent medical intervention.

Maina, who has championed the legislation, argued that the practice of demanding deposits before attending to critically ill patients undermines the constitutional right to healthcare and places vulnerable families in distress.

The legislator previously told Parliament that the proposed amendments were informed by cases she encountered while practising as an advocate, where families struggled to secure the release of their relatives’ bodies because they could not afford outstanding hospital bills.

One of the cases she highlighted involved Kelvin, a former medical student who turned to boda boda business after struggling to secure employment.

Kelvin died in a road accident, but his body was reportedly held at a funeral home for nearly a year over an outstanding medical bill of Sh1.42 million.

Maina said she represented the family without charging legal fees and witnessed the emotional suffering of a mother who could not give her son a dignified burial.

She also cited the case of Caroline Nthangu Tito, whose body was reportedly detained at Mater Misericordiae Hospital for more than two months following her death in August 2025, over a medical bill of Sh3.3 million.

Her sons struggled to raise the money required to secure the release of their mother’s remains for burial.

The issue has also attracted judicial scrutiny, with Kenyan courts repeatedly ruling against hospitals withholding patients or bodies as security for unpaid debts.

In November 2026, the Daily Nation reported several cases in which families had turned to the courts after hospitals and funeral homes declined to release bodies over outstanding medical expenses.

In one case, the High Court ordered Cana Hospital and Umash Funeral Home to release the body of Erick Migwa, who died in March 2026, despite an outstanding medical bill of Sh4.4 million.

Justice Patricia Nyaundi awarded his widow Sh1 million in damages, ruling that a human body could not be treated as security for a debt. The court maintained that hospitals remained free to pursue outstanding payments through lawful debt recovery procedures.

In another case, the High Court awarded Herman Kinoru Sh800,000 after finding that Labib Hospital had unlawfully detained him for more than two months despite his recovery, in an attempt to compel him to clear a Sh3 million bill.

The legislation seeks to address these concerns by providing clearer statutory protections against the detention of patients and deceased persons over unpaid medical expenses.

During earlier parliamentary debate, Dagoretti South MP John Kiarie supported the proposal, arguing that hospitals should prioritise patients’ medical conditions rather than their financial ability when they arrive in emergency units.

“The emergency unit of any hospital should live up to its name. Today, instead of checking a patient’s vitals, we check their ability to pay,” Kiarie said.

Nominated MP Sabina Chege also criticised the commercialisation of healthcare, arguing that the practice contradicts constitutional guarantees on access to medical services.

Nominated MP Irene Mayaka supported the Bill but called for structured payment arrangements to ensure hospitals could recover outstanding costs without compromising patients’ dignity.

Embakasi East MP Babu Owino also challenged healthcare providers to uphold their professional obligations, saying financial considerations should not override the duty to save lives.

Health Committee Chairperson James Nyikal said the legislation was intended to guarantee emergency treatment to Kenyans regardless of their financial circumstances.

The Bill draws its foundation from Article 43(2) of the Constitution, which provides that no person shall be denied emergency medical treatment.

Article 28 also guarantees every person the right to inherent dignity and requires that dignity be respected and protected.

The Health Act, 2017, already provides for emergency treatment, including stabilisation and referral where a facility cannot provide the required services. However, the proposed amendments seek to strengthen enforcement and address practices that continue to expose patients and their families to financial and emotional hardship.

The legislation will now proceed to the Senate for consideration before being forwarded to President William Ruto for assent, subject to completion of the legislative process.

If enacted, the changes would provide additional legal protection to patients requiring emergency treatment and families seeking to bury their loved ones without being forced to first settle outstanding hospital debts.