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The National Assembly has passed the Health (Amendment) Bill, 2024, a proposed law that would criminalise the detention of patients and human remains over unpaid hospital bills while compelling all medical facilities to provide emergency care without demanding upfront payment.
The Bill, sponsored by Kirinyaga County woman representative Njeri Maina, cleared the National Assembly and now advances through the constitutional approval process before it can be signed into law by the President.
Under the proposed legislation, any public hospital found demanding prepayment before treating a patient in an emergency faces a penalty of up to KSh 3 million.
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Public officers who authorise the withholding of bodies over outstanding debts risk fines of up to KSh 2 million.
Private hospitals, mortuaries, and other healthcare facilities would similarly be barred from holding patients or denying families access to the remains of deceased relatives on financial grounds.
To protect hospitals financially, the Bill introduces structured instalment arrangements, allowing facilities to enter legally binding payment plans with patients rather than resorting to detention or harassment to recover debts.
