Njeri Maina’s Health Bill Could Change How Public Hospitals Treat Patients Who Cannot Pay

Thousands of Kenyans who struggle to raise hospital deposits during medical emergencies could soon receive treatment without being asked to pay first if proposed changes to the Health Act become law.

The proposed protections are contained in the Health (Amendment) Bill, 2024, sponsored by Kirinyaga Woman Representative Jane Njeri Maina, which was passed by the National Assembly on Wednesday, November 11, 2026.

The legislation seeks to address two problems that have affected families seeking medical services in public hospitals: patients being held after receiving medical clearance because of unpaid bills and hospitals withholding bodies of deceased persons over outstanding debts.

One of the major changes proposed in the Bill is a prohibition on demanding payment before providing emergency medical treatment. Under the proposed law, public hospitals would be required to attend to patients facing life-threatening conditions without first demanding deposits or proof that they can afford the services.

The amendments also seek to expand the definition of emergency care to include assistance provided at the scene of an accident or illness, during transportation to hospital, in emergency departments and during the initial stages of inpatient care.

This would mean that financial difficulties should not prevent someone involved in an accident or experiencing a serious medical emergency from receiving immediate attention.

Public health facilities found demanding payment before offering emergency treatment could face fines of up to KSh3 million under the proposed amendments.

The Bill also addresses the difficult situation faced by patients who remain in hospital even after doctors have approved their discharge because they cannot settle their medical expenses.

If enacted, public healthcare facilities would be prohibited from keeping medically discharged patients solely because of outstanding bills.

Families who lose loved ones in hospitals could also benefit from the proposed changes. The legislation seeks to criminalise the detention of bodies of deceased persons as a way of pressuring relatives to pay outstanding medical charges.

Public officers who authorise or facilitate such detention could face fines of up to KSh2 million.

However, the proposed law does not mean that hospital debts will automatically be cancelled. Healthcare facilities would still have the right to recover outstanding payments through lawful procedures rather than withholding patients or bodies.

The protections also have a specific limitation because the amendments agreed upon during parliamentary consideration apply to public healthcare facilities, rather than automatically covering all private hospitals and mortuaries.

Maina’s push for the legislation was informed by cases involving families who have been unable to bury their relatives because of medical debts.

During parliamentary debate on February 11, 2026, she highlighted the case of Kelvin, a former medical student who reportedly turned to boda boda work after failing to secure employment.

Kelvin died in a road accident, but his body was allegedly held at a funeral home for nearly a year over an outstanding hospital bill of KSh1.42 million.

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

Dagoretti South MP John Kiarie also criticised hospitals that prioritise payment demands over emergency medical attention, arguing that emergency departments should focus on saving lives.

Despite passing the National Assembly, the Bill is not yet law. It must first undergo consideration by the Senate before being

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