Bill Seeks to End Hospital Detentions of Patients and Bodies Over Unpaid Bills

Kenyans facing large hospital bills may soon be protected from a painful practice. Hospitals and mortuaries have held patients and bodies over unpaid debts. Parliament has now passed a Bill that would outlaw the practice.

The Health (Amendment) Bill, 2024 was sponsored by Kirinyaga Woman Representative Jane Njeri Maina. It also aims to guarantee emergency treatment regardless of a patient's ability to pay. The National Assembly has approved the Bill, which now awaits the President's signature.

Under the proposed law, detaining discharged patients over outstanding bills would become a crime. Withholding human remains for the same reason would also be an offence. 

Public and private hospitals, mortuaries, and other facilities would be barred from denying families access to their loved ones' bodies for burial because of unpaid bills.

The Bill sets out tough penalties. Public facilities that demand prepayment before emergency treatment could face fines of up to Sh3 million. Public officers who authorise the detention of bodies could be fined up to Sh2 million.

The Bill would also require healthcare facilities to provide immediate, life-saving emergency care. Patients in critical condition must receive treatment without delay. Providers would be prohibited from demanding upfront cash deposits, insurance checks, or proof of financial ability before treating emergency patients.

Facilities would still be able to recover their money. The Bill allows hospitals to enter legally binding instalment plans with patients. These arrangements would help clear outstanding bills without harassment.

Maina's push draws on her earlier work as a High Court advocate. She represented poor families on a pro bono basis. During a parliamentary debate in February 2026, she described families struggling to raise millions of shillings to recover relatives' bodies.

She highlighted the case of Kelvin, a former medical student who turned to the boda boda business. Kelvin died in a road accident. His body was then held at a funeral home for nearly a year over a Sh1.42 million hospital bill.

Maina said she offered the family free legal help. She described the pain of a mother who could not give her son a dignified burial. She argued that holding bodies does not help hospitals recover their money. Instead, she said, it deepens the suffering of grieving families.

Other lawmakers backed the Bill. Dagoretti South MP John Kiarie said hospitals should focus on treating patients rather than assessing their finances. He criticised the habit of checking a patient's ability to pay before examining their vital signs.

Embakasi East MP Babu Owino also spoke in support. He condemned the commercialisation of healthcare as a betrayal of the medical oath. He reminded doctors of their duty to do no harm and to care for patients to the best of their ability.

The Bill must still clear further stages before it becomes law. Once the President signs it, the protections will take effect.