No More Upfront Emergency Fees? MPs Pass Bill That Could Change Kenyan Hospitals

Kenyan families could soon receive relief from some of the financial challenges associated with accessing healthcare after Members of the National Assembly approved a Bill seeking to prohibit hospitals from demanding upfront payments before providing emergency medical treatment.

The Health (Amendment) Bill, 2024, sponsored by Kirinyaga Woman Representative Jane Njeri Maina, also seeks to stop healthcare facilities from detaining discharged patients or withholding the bodies of deceased people over unpaid medical bills.

The National Assembly approved the proposed legislation on Wednesday, November 11, 2026, marking an important step towards strengthening patients’ rights and protecting families facing financial difficulties during medical emergencies.

Under the proposed amendments, public healthcare facilities would be prohibited from demanding advance payments before attending to patients requiring emergency medical services. This means that patients arriving at hospitals in critical conditions should receive urgent medical attention without first being required to prove their ability to pay.

The proposal seeks to address situations where patients or their relatives are asked to deposit money before doctors begin providing emergency treatment. For families without immediate access to cash, such demands can create additional difficulties during moments when every minute matters.

The Bill also proposes financial penalties for public healthcare facilities that violate the emergency treatment requirements. Hospitals found demanding upfront payments before providing emergency services could face fines of up to KSh3 million.

Another significant provision addresses the practice of detaining patients after treatment because of outstanding hospital bills. The proposed amendments seek to prevent healthcare facilities from using patients as a means of forcing families to settle medical debts.

The legislation further targets hospitals and public healthcare officers involved in withholding the bodies of deceased people over unpaid medical expenses. Under the proposed changes, public healthcare officers who authorise or facilitate such detention could face fines of up to KSh2 million.

The proposal seeks to ensure that families can collect the bodies of their deceased relatives without being subjected to prolonged detention because they cannot immediately clear outstanding hospital bills. Healthcare facilities would instead be expected to pursue unpaid debts through appropriate legal channels.

Maina’s proposal follows concerns about families who have experienced emotional distress after losing loved ones and subsequently struggled to retrieve their bodies from hospitals and funeral facilities.

One case highlighted by the Kirinyaga Woman Representative involved Kelvin, a former medical student who ventured into the boda boda business after facing difficulties securing employment.

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

After learning about the family’s predicament, Maina offered free legal assistance to help them address the matter. The experience highlighted the challenges faced by families who cannot afford large medical bills while trying to organise burials for their loved ones.

Through the proposed amendments, the legislator seeks to prevent similar situations by strengthening the legal protection available to patients and grieving families.

The Bill’s approval by the National Assembly has therefore drawn attention to the responsibility of healthcare facilities to respect patients’ rights while pursuing legitimate payments through lawful procedures.

However, the parliamentary approval does not mean that the proposed changes have already become law. The legislation must complete the remaining constitutional procedures, including the applicable Senate consideration process, before being presented to President William Ruto for assent.

The proposed protections and penalties will only become enforceable after the legislative process is completed and the law comes into force.

If enacted, the amendments could significantly change how public hospitals handle emergency admissions, discharged patients and outstanding medical bills.

For ordinary Kenyans, the proposal offers hope that a lack of money will not prevent someone from receiving urgent medical attention and that families will not have to endure prolonged delays in collecting the bodies of deceased relatives because of unpaid hospital expenses.

The next stage of the legislative process will determine when the proposed protections can finally take effect.

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