NAIROBI, Kenya – Hospitals and mortuaries in Kenya may soon be prohibited from detaining patients or the bodies of deceased individuals over unpaid medical bills if the proposed Health (Amendment) Bill, 2025, is enacted.
The bill, introduced by Nyamira Senator Okong’o Mogeni, seeks to outlaw the controversial practice, citing violations of constitutional and human rights.
Senator Mogeni argues that detaining patients or bodies breaches fundamental rights protected by Kenya’s Constitution and international treaties.
- Constitutional Rights: Article 28 of the Constitution guarantees dignity, while Article 39 upholds freedom of movement—both of which are undermined by such detentions.
- International Law: The bill references Article 9(1) of the International Covenant on Civil and Political Rights, which Kenya has ratified.
“The right to liberty is inviolable, and a person’s liberty can only be curtailed by procedural laws,” Mogeni stated, adding that holding bodies serves no purpose and violates cultural values.
The bill proposes that hospitals recover unpaid fees through legal claims against the deceased’s estate rather than detaining bodies.
Public health policies already mandate burials within six months, and the Penal Code criminalizes obstructing burials.
Kenyan courts have consistently ruled against detentions over unpaid bills, for instance in 2021, Justice Weldon Korir declared the practice unlawful and unconstitutional.
Also, in 2023, a similar amendment proposed by Kirinyaga Woman Representative Njeri Maina sought to impose fines of Sh1 million on violators, emphasizing the cultural importance of burying loved ones.
The bill allows the Cabinet Secretary to draft regulations for fee recovery but does not specify penalties for non-compliance. Critics argue this could weaken enforcement.
If passed, the Health (Amendment) Bill, 2025, will provide a legal framework to safeguard patients’ rights and cultural practices, compelling health facilities to explore alternative means of resolving financial disputes.
