NAIROBI, Kenya, Nov 11 – The National Assembly has passed legislation seeking to end the practice of hospitals demanding upfront payments before providing emergency treatment and detaining patients or bodies of deceased persons over unpaid medical bills.
The Health (Amendment) Bill, 2024, sponsored by Kirinyaga Woman Representative Jane Njeri Maina, was approved during its third reading on Wednesday, November 11, 2026, marking a major step towards strengthening patients’ rights and protecting families facing financial difficulties.
The proposed law seeks to amend the Health Act, 2017, by making it an offence for healthcare facilities to deny patients emergency medical attention because they cannot immediately raise money for treatment.
It also seeks to prohibit hospitals and mortuaries from withholding the bodies of deceased patients as a means of compelling families to settle outstanding medical expenses.
Under the proposed amendments, public healthcare facilities found demanding advance payments before providing emergency treatment could face fines of up to Sh3 million.
Public healthcare officers who authorise or facilitate the detention of bodies over unpaid medical bills could also face fines of up to Sh2 million.
The legislation is intended to ensure that financial considerations do not stand in the way of saving lives, particularly when patients require urgent medical intervention.
Maina, who has championed the legislation, argued that the practice of demanding deposits before attending…
