Kenyan MPs Pass Bill Banning Hospitals From Detaining Patients and Bodies Over Unpaid Bills

Kenya’s National Assembly has passed the Health (Amendment) Bill, 2024, seeking to criminalise the detention of patients and deceased persons over unpaid medical bills, in a move aimed at protecting patients’ rights and human dignity.

The legislation, sponsored by Kirinyaga Woman Representative Njeri Maina, also seeks to ensure that patients receive emergency medical treatment without being required to make advance payments.

According to reports published on Wednesday, November 11, 2026, the Bill has cleared the National Assembly and is expected to proceed to the Senate for consideration before being presented to the President for assent.

The proposed amendments would also prohibit healthcare facilities from holding medically discharged patients or refusing to release deceased persons to their families as a way of recovering outstanding debts.

According to parliamentary proceedings, the proposed penalties include fines of up to KSh3 million for demanding prepayment before providing emergency medical treatment in public facilities. Public officers who authorise or facilitate the detention of deceased persons over unpaid bills could face fines of up to KSh2 million.

The Bill also seeks to expand the definition of emergency medical treatment to cover care provided at the scene of an incident, during transportation and at healthcare facilities.

Parliament’s February proceedings show that Maina argued the proposed changes would strengthen constitutional protections relating to access to emergency healthcare and the right to human dignity.

National Assembly Health Committee Chairperson James Nyikal has also highlighted the importance of addressing the financial challenges facing hospitals, arguing that consistent contributions to the Social Health Authority could help improve access to healthcare.

The legislation comes amid continued legal disputes involving families whose relatives’ bodies have been withheld over outstanding hospital bills.

A November 2 report by the Daily Nation highlighted several court cases in which judges ordered hospitals to release deceased persons’ bodies, while allowing the institutions to pursue outstanding debts through lawful legal procedures.

The Bill’s passage through the National Assembly marks an important legislative step, but it does not mean the proposed provisions have already become law.

It must still undergo the remaining parliamentary and constitutional processes, including Senate consideration and presidential assent.

Sources: National Assembly of Kenya, Citizen Digital, Daily Nation and Tuko.

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