Senate Approves Bill Banning Detention of Patients and Bodies Over Unpaid Hospital Bills
Kenya’s Senate has endorsed a proposed law that would outlaw the long-standing practice of detaining patients and deceased bodies in hospitals over unpaid medical bills, despite objections from the Ministry of Health and private health providers.
The Health (Amendment) Bill, 2025, sponsored by Nyamira Senator Okong’o Omogeni, seeks to reinforce constitutional protections against unlawful detention and ensure that families are not held “hostage” by medical institutions due to financial constraints. The Bill also clarifies that while hospitals retain the right to pursue outstanding payments, they may not do so by restricting the movement of patients or withholding bodies.
The Senate Health Committee, chaired by Uasin Gishu Senator Jackson Mandago, rejected proposals from the Ministry of Health and private facilities that sought to water down or exempt certain providers from the legislation.
Speaking after the committee session, Senator Mandago said the panel’s position was anchored in constitutional guarantees and previous court rulings.
“We have resolved to reject the proposal by the Ministry of Health and the Aga Khan Hospital,” he stated. “Detaining patients or bodies as collateral for unpaid bills has already been prohibited by the High Court and must be enforced across the board.”
The Ministry of Health had argued that the Bill risked criminalising medical and mortuary fees, insisting that disputes over non-payment should remain administrative rather than legal matters. Private hospitals echoed this concern, warning that the amendments could hurt their financial stability.
In its submission, Aga Khan Hospital cautioned that the Bill could weaken the rights of healthcare providers. “While patient rights are enshrined in legislation, provider rights are often relegated to subsidiary regulations, creating a hierarchy that undermines facility operations,” the hospital said.
However, the committee maintained that constitutional rights cannot be selectively applied based on the ownership or size of a health facility. It further dismissed proposals to exempt private hospitals, saying both public and private institutions must uphold patients’ rights.
Nominated Senator Tabitha Mutinda urged the government to fast-track the rollout and enrolment of citizens into the Social Health Authority (SHA) scheme, arguing that stronger health insurance coverage would reduce the financial pressures that often lead to disputes over unpaid bills. “Expanding coverage under SHA will minimise these cases of unlawful detentions,” she said.
Under the proposed law, hospitals would be barred from holding patients or retaining bodies over unpaid bills. Facilities found guilty of violating the statute could face fines of up to Sh2 million. In addition, the Health Cabinet Secretary would be empowered to recover unlawfully collected fees and issue regulations governing the collection of medical charges.
The legislative push follows widespread public outrage over cases in which families were compelled to take loans, dispose of property, or launch community fundraisers to secure the release of loved ones from medical facilities. Rights groups and global health bodies have also criticised the practice, arguing that it targets the poorest and most vulnerable.
Citing guidance from the World Health Organization, the committee concluded that detaining individuals or remains for non-payment is unacceptable in any healthcare setting.
The Bill now moves to the next stage of parliamentary consideration, where it is expected to receive broad political support amid growing calls for humane and rights-based health-care practices across the country.
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Senate Approves Bill Banning Detention of Patients and Bodies Over Unpaid Hospital Bills