Nairobi, Kenya (Daily Report KE), February 12, 2025 — Members of Parliament have backed the Health (Amendment) Bill, 2024, legislation that seeks to outlaw the detention of bodies over unpaid hospital bills and guarantee access to emergency medical treatment without upfront payment.
The Bill, sponsored by Kirinyaga County MP Njeri Maina, proposes amendments to the Health Act (Cap. 241) to compel all public health facilities to provide emergency services before demanding payment and to criminalize the practice of holding bodies as collateral for unsettled medical fees.
Right to Life and Dignity
Lawmakers supporting the Bill argued that the proposed amendments are necessary to safeguard the constitutional rights to life, dignity and emergency medical treatment.
Dagoretti South MP John Kiarie said emergency units must prioritize saving lives rather than questioning patients about their ability to pay.
“The emergency unit of any hospital should live up to just that word — emergency. Today, instead of attending to patients’ vitals, we ask about their ability to pay medical bills that cannot even be accounted for because the patient hasn’t received any treatment,” Kiarie said.
Murang’a County MP Sabina Chege raised concerns over what she described as the growing commercialization of healthcare in the country.
“It is unfortunate that despite clear constitutional provisions on the right to health and emergency medical treatment, the commercialisation of health in Kenya is real,” she said.
Call for Cost Recovery Mechanisms
While supporting the Bill, some lawmakers urged caution to ensure hospitals remain financially sustainable.
Nominated MP Irene Mayaka called for structured alternative payment plans to prevent abuse of the law.
“We must have alternative payment plans so that people don’t abuse this law. Medical facilities must still run, and payments must eventually be made,” she said.
Embakasi East MP Babu Owino emphasized the need for affordable healthcare, arguing that access to treatment should not depend solely on one’s financial status.
“A sick nation cannot be productive. Healthcare should be free, and if not free, it should be affordable,” he said.
A Moral and Legal Debate
Mukurwe-ini MP Gitonga Mukunji described the detention of bodies as a practice that deepens grief for bereaved families.
“Detaining a body is the worst type of torture for a family that has lost a loved one. This Bill speaks to the conscience of our nation,” he said.
Health Committee Chair James Nyikal clarified that the amendment focuses specifically on life-threatening emergencies.
“The object of this Bill is simple, access to emergency treatment whether you have money or not, at that critical moment when life hangs in the balance,” Nyikal said.
If enacted, the Health (Amendment) Bill, 2024 is expected to ease financial and emotional burdens on families while reinforcing Kenya’s constitutional commitment to universal access to healthcare.
