Parliament Passes Bill Banning Hospitals from Detaining Patients, Dead Bodies Over Unpaid Medical Bills

Parliament has passed a Bill seeking to stop hospitals and mortuaries from detaining patients or withholding bodies of deceased persons over unpaid medical bills, in a move aimed at protecting patients' rights and restoring dignity to bereaved families.

The National Assembly approved the Health (Amendment) Bill, 2024, sponsored by Kirinyaga Woman Representative Jane Njeri Maina, during its third reading on Wednesday, November 11, 2026.

The proposed legislation also seeks to guarantee access to emergency medical services regardless of a patient's financial circumstances, barring healthcare providers from demanding upfront payments before administering life-saving treatment.

If enacted into law, the amendments would prohibit both public and private hospitals, mortuaries and other healthcare facilities from holding patients or human remains as leverage to recover outstanding medical debts.

Healthcare providers would also be barred from making emergency treatment conditional on cash deposits, insurance verification or evidence that a patient can afford the required medical services.

The Bill proposes tough penalties for healthcare facilities and public officials who disregard the new requirements.

Public healthcare facilities found demanding advance payments before providing emergency treatment could face fines of up to Sh3 million.

Public officers who authorise or facilitate the detention of bodies over unpaid medical bills could also face penalties of up to Sh2 million.

The legislation further proposes legally enforceable instalment payment arrangements, allowing hospitals to recover outstanding medical costs without subjecting patients and grieving families to unnecessary distress.

Maina's campaign for the proposed changes is partly informed by her experience as an advocate, during which she represented vulnerable families struggling to secure the release of deceased relatives from healthcare facilities.

On Wednesday, February 11, 2026, the Kirinyaga Woman Representative moved the Bill for its Second Reading in the National Assembly, seeking amendments to the Health Act.

"The right to emergency treatment must be protected by this house," she said.

Maina argued that the proposed changes would reinforce patients' rights while promoting fairness, accountability and respect for human dignity across Kenya's healthcare system.

The Bill attracted support from several legislators, including Dagoretti South MP John Kiarie and Embakasi East MP Babu Owino.

Following its approval by the National Assembly, the Bill proceeds to the next stage of the legislative process before it can be presented to the President for assent.

If it becomes law, healthcare facilities will be required to separate the provision of emergency medical services from patients' ability to pay, while finding lawful ways to recover outstanding bills.

The proposed changes would also prevent bereaved families from enduring prolonged uncertainty and emotional distress as they seek to bury relatives whose bodies have been held over unpaid hospital charges.