Hospitals to face criminal charges for detaining bodies under new Bill
- Created by Juma Namlola
- Health News
If enacted, the Bill is expected to ease the financial and emotional burden faced by families while reinforcing the constitutional guarantee of access to health care.
Hospitals that detain bodies over unpaid medical bills could face criminal sanctions if Parliament passes the Health (Amendment) Bill, 2024.
Members of the National Assembly back the proposed law, which seeks to outlaw the holding of bodies as collateral for unpaid hospital fees and to guarantee 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 public health facilities to provide emergency services before demanding payment.
It also criminalises the practice of detaining bodies over outstanding medical bills.
“The emergency unit of any hospital should live up to just that word--emergency,” said Dagoretti South MP John Kiarie during debate.
“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.”
The proposed legislation is anchored on constitutional provisions guaranteeing the right to life, dignity and access to emergency medical treatment.
Nominated MP Sabina Chege, elected to Parliament under the Jubilee Party, said the growing commercialisation of healthcare undermines constitutional safeguards.
“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,” said the MP who chaired Health Committee in the 12th Parliament.
Nominated MP Irene Mayaka supported the Bill but called for safeguards to ensure sustainability of health institutions.
“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 urged the government to prioritise affordable healthcare, warning that profit-driven practices were eroding medical ethics.
“A sick nation cannot be productive. Healthcare should be free, and if not free, it should be affordable,” he said.
Manyatta MP Gitonga Mukunji described the detention of bodies as a moral failing.
“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 said the amendment targets life-and-death situations.
“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,” said Dr Nyikal.
If enacted, the Bill is expected to ease the financial and emotional burden faced by families while reinforcing the constitutional guarantee of access to healthcare.
The legislation now moves to the next stage of consideration in the National Assembly.
