Sponsored by Kirinyaga Woman Representative Njeri Maina, the Bill seeks to seal legal loopholes that hospitals have long exploited to hold patients and human remains as financial security. Maina and supporting lawmakers noted that these practices force vulnerable families into severe emotional and financial distress when attempting to secure the release of loved ones.
Under the proposed law, medical facilities can no longer detain individuals who have received official medical clearance but lack immediate funds to settle their treatment balances. The legislation protects patient freedom and ensures that bereaved families retain the right to collect and bury deceased relatives without financial conditions attached.
While supporting the legislation, National Assembly Health Committee Chairperson James Nyikal pointed out that solving hospital debt cycles requires broader systemic reform. He urged Kenyans to maintain consistent contributions to the Social Health Authority (SHA) scheme to prevent financial crises at the point of care.
According to Nyikal, routine SHA contributions will build a reliable fund that eases the burden on both health facilities and low-income households unable to pay out-of-pocket costs.
The Bill now proceeds to the Senate for further consideration and approval. If the Senate passes the draft without major amendments, it will move to President William Ruto for executive assent. Once signed into law, the legislation will officially criminalize patient detention and body retention across all health facilities nationwide.
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