Hospitals that demand upfront payments before attending to patients requiring emergency medical care could face fines of up to Ksh3 million under proposed changes to Kenya’s health laws.
The proposed penalty is contained in the Health (Amendment) Bill, 2024, which was approved by Members of the National Assembly during its third reading on Wednesday, November 11, 2026.
Sponsored by Kirinyaga Woman Representative Jane Njeri Maina, the Bill seeks to prevent public healthcare facilities from making advance payments a requirement before providing emergency medical services.
Under the proposed amendments, public healthcare facilities that demand payment before treating patients in emergencies would face fines of up to Ksh3 million.
The legislation also introduces penalties for healthcare officers involved in holding the bodies of deceased patients over outstanding hospital bills.
Public healthcare officers who authorise or facilitate the detention of bodies because families have not cleared medical expenses could face fines of up to Ksh2 million.
The proposed changes seek to address cases where patients are denied timely emergency treatment because they or their relatives cannot raise the required money immediately.
The Bill also seeks to protect grieving families from difficulties in accessing the bodies of deceased relatives for burial due to unpaid hospital bills.
Speaking after the parliamentary proceedings, Kitute Msaba Clive Ombane Gisairo welcomed the proposed reforms, saying they would strengthen the protection of patients and their families.
“The exploitation of vulnerable patients in both public and private hospitals will soon be a thing of the past under the proposed reforms in the health sector,” Gisairo stated.
He added that he had endorsed the Health (Amendment) Bill No. 56 of 2024, sponsored by Jane Maina, describing it as an important step towards safeguarding patients’ rights.
“Once enacted, this landmark legislation will guarantee access to emergency medical treatment and prohibit hospitals from detaining patients or withholding deceased persons over unpaid medical bills,” he said.
The Bill is expected to proceed to the Senate for consideration before being forwarded to President William Ruto for assent, subject to the completion of the legislative process.
If enacted, the proposed law would expose public healthcare facilities to fines of up to Ksh3 million for demanding upfront payments before emergency treatment, while officers involved in detaining deceased patients over unpaid bills could face penalties of up to Ksh2 million.
Leave a Reply