The Health (Amendment) Bill, 2024, sponsored by Kirinyaga Woman Representative Jane Njeri Maina, seeks to prevent public health facilities from demanding payment before providing emergency medical treatment or withholding bodies of deceased patients because of outstanding hospital expenses.
The Bill was passed during its third reading on Wednesday, November 11, 2026, following growing concerns over cases in which patients have been denied timely medical attention or families forced to delay burials because they cannot settle hospital bills.
Under the proposed amendments to the Health Act, public hospitals would be required to provide emergency medical services without first demanding cash deposits, insurance confirmation or proof that a patient can afford treatment.
Facilities found guilty of demanding upfront payments before offering emergency treatment could face fines of up to Sh3 million.
Bill targets detention of bodies over bills
The legislation also targets the practice of retaining bodies in hospital mortuaries as security for unpaid medical expenses.
Public officers who authorise or facilitate the detention of deceased persons over outstanding bills could face penalties of up to Sh2 million.
The Bill further seeks to prohibit hospitals from detaining patients who have been medically discharged but cannot clear their bills, requiring healthcare providers to pursue alternative mechanisms for recovering outstanding payments.
Maina said the proposed changes were intended to give practical effect to the constitutional right to emergency medical treatment and protect the dignity of Kenyans, particularly families facing financial difficulties.
During earlier parliamentary debate, lawmakers expressed concern that the cost of healthcare had become a barrier to accessing essential services, with some hospitals prioritising financial requirements over patients' immediate medical needs.
Dagoretti South MP John Kiarie argued that emergency departments should focus on saving lives rather than establishing whether patients have money to pay.
Embakasi East MP Babu Owino also criticised the commercialisation of healthcare, saying medical professionals should uphold their obligation to protect human life.
Lawmakers call for sustainable healthcare financing
National Assembly Health Committee chairman James Nyikal supported the proposed changes but observed that sustainable financing of healthcare would require Kenyans to consistently contribute to the Social Health Authority (SHA) scheme.
The legislation follows several cases in which families have struggled to retrieve bodies of relatives from hospitals and mortuaries because of accumulated medical expenses.
If approved by the Senate and subsequently assented to by President William Ruto, the amendments would strengthen legal protections for patients and families against practices that lawmakers say undermine access to healthcare and human dignity.
The Bill now moves to the Senate for consideration before the final stage of the legislative process.
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