Nairobi, Kenya – The National Assembly has commenced the Second Reading of the Health (Amendment) Bill, National Assembly Bill No. 56 of 2024, a legislative proposal seeking to outlaw the long-criticised practice of detaining patients and deceased persons in public hospitals over unpaid medical bills.
Sponsored by Kirinyaga Woman Representative Jane Njeri Maina, the Bill aims to criminalise demands for prepayment before emergency treatment and the retention of bodies as collateral for debt in public healthcare facilities.
Protecting Constitutional Rights
Moving the Bill on Wednesday, Maina told MPs that the legislation targets two urgent issues:
- Demands for prepayment before providing emergency medical treatment
- Detention of dead bodies by hospitals and mortuaries over unpaid bills
The proposed amendments to the Health Act (Cap 241) are designed to give effect to Article 43(2) of the Constitution, which guarantees the right to emergency medical treatment, and Article 28, which safeguards the right to human dignity.
“The current situation is insufficient and fails to ensure all Kenyans are treated equally, violating their right to dignity and access to healthcare as per the Constitution,” Maina said.
Expanded Definition of Emergency Care
The Bill broadens the definition of emergency care to include:
- Treatment at the scene of an incident
- Care during transportation
- Treatment throughout hospital admission
This closes gaps that have allowed facilities to delay care pending payment. Public healthcare providers would have an explicit duty to ensure financial considerations do not hinder life-saving treatment.
Penalties for Non-Compliance
To enforce compliance, the Bill introduces stiff penalties:
- Public facilities demanding prepayment before emergency treatment: fines up to Ksh.3 million
- Public officers authorising or facilitating detention of bodies: fines up to Ksh.2 million
The scope applies specifically to public health facilities, following consultations with parliamentary committees and government departments.
Court Precedents and Human Impact
Maina noted that Kenyan courts, particularly the High Court, have previously declared the detention of bodies for non-payment unlawful, emphasising that human remains cannot be treated as commercial assets.
She cited heartbreaking cases, including:
- Caroline Chetu, whose body was held at Mathare Hospital for over two months due to a Ksh.3.3 million bill.
- Kelvin, a former medical student turned boda boda rider, whose body was detained for nearly a year over a Ksh.1.42 million bill.
“This Bill is not mere rhetoric or politics. It is a crucial step towards addressing the profound suffering faced by many Kenyans,” Maina told the House.
Next Steps
The Bill now proceeds to further parliamentary debate and consideration before a final vote in the National Assembly. If passed, it will entrench protections into statute as part of broader health sector reforms, ensuring dignity and access to emergency healthcare for all Kenyans.
