NAIROBI, Kenya – The Senate Health Committee has rejected objections from the Ministry of Health and private hospitals to a Bill that aims to prohibit the detention of patients and deceased bodies over unpaid medical fees.
The Health (Amendment) Bill, 2025, sponsored by Nyamira Senator Okong’o Omogeni, seeks to protect citizens from unlawful detentions while clarifying that the legislation does not interfere with hospitals’ ability to collect fees.
Speaking during the committee meeting, chaired by Uasin Gishu Senator Jackson Mandago, the panel emphasized that constitutional rights apply equally across all health facilities.
“We have resolved to reject the proposal by the Ministry of Health and the Aga Khan Hospital,” Mandago said. “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 medical and mortuary fees should not be criminalized, noting that disputes over unpaid bills can be handled administratively.
Private hospitals echoed the concern, warning that the law could threaten their financial viability.
“While patient rights are enshrined in legislation, provider rights are often relegated to subsidiary regulations, creating a hierarchy that undermines facility operations,” stated Aga Khan Hospital.
Despite these concerns, the committee stressed that constitutional protections are universal.
Nominated Senator Tabitha Mutinda called for wider enrolment under the Social Health Authority (SHA) scheme to reduce cases of unpaid bills and unlawful detentions.
Under the Bill, health facilities are prohibited from holding patients or corpses for unpaid bills.
Violating institutions could face fines of up to Sh2 million, and deposits or partial payments could be forfeited.
The Health Cabinet Secretary would also have powers to recover unlawfully collected fees and issue regulations on medical fee collections.
The move comes amid growing public outrage over cases where families were forced to take loans, sell property, or organise fundraisers to secure the release of loved ones from hospital or mortuary detention.
The committee also rejected proposals to exempt private hospitals, affirming that both public and private facilities must uphold patients’ rights.
Citing World Health Organization guidelines, the panel stated that detentions for unpaid fees are unacceptable in any healthcare setting.
