Members of the National Assembly have thrown their weight behind the Health (Amendment) Bill, 2024, which 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 amends the Health Act, Cap. 241, to compel all public health facilities to offer emergency services before demanding payment and to criminalize the holding of bodies as collateral for unpaid medical fees.
“The emergency unit of any hospital should live up to just that word emergency,” said Dagoretti South MP John Kiarie.
“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,” he added.
The proposed law aims to safeguard the right to life and dignity as enshrined in the Constitution.
Nominated MP Sabina Chege lamented the growing commercialisation of health, saying it undermines constitutional guarantees.
“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.
Nominated MP Irene Mayaka supported the Bill but called for clear mechanisms for cost recovery.
“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.
On his part, Embakasi East MP Babu Owino echoed the call for access to affordable healthcare, urging the government to prioritize health in national development.
“A sick nation cannot be productive. Healthcare should be free, and if not free, it should be affordable,” he said, warning that greed and profit motives were eroding medical ethics.
Mukurwe-ini MP Gitonga Mukunji described the Bill as a moral test for the country.
Mukunji said 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, noting that many hospitals remain ill-equipped or non-functional.
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,” he said.
If enacted, the Bill is expected to ease the financial and emotional burden on families while reinforcing the government’s commitment to uphold the right to health for all Kenyans.
