Bill seeks to end body detention, guarantee emergency care
National
By
Irene Githinji
| Feb 13, 2026
Public health facilities will soon be compelled to offer emergency services before demanding payment.
Hospitals will also suffer legal penalties for holding bodies as collateral for unpaid medical fees once amendments to the Health Act are approved.
Members of the National Assembly yesterday supported the Health (Amendment) Bill, 2024, which seeks to lessen the pain and financial and emotional burden of patients and families.
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“A sick nation cannot be productive. Healthcare should be free, and if not free, it should be affordable,” said Embakasi East MP Babu Owino.
Kirinyaga Woman Rep, Njeri Maina, who has sponsored the Bill, noted that the courts have already declared illegal the habit of detaining bodies.
“It can be argued out in a court of law, it can be pursued like any other civil matter, and the estate of the deceased, if, after payment of liabilities, there is any money left, then the same can pay for that,” she explained.
Njeri recalled a case of a mother who was asked to pay Sh20,000 before her child would get critical emergency attention.
"Unfortunately, we know the economic situation in Kenya. We know that even if we have universal health coverage, the majority of Kenyans are one illness away from being declared unable to even pay for their day-to-day life," she said.
The MP noted that in Africa, bodies hold an emotional value that cannot be quantified.
MPs backed the Bill, noting that the changes would safeguard the right to life and dignity as enshrined in the Constitution, with a call for improved services at the emergency units at hospitals.
They noted that detaining a body is the worst type of torture for a family mourning a loved one.
“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,” said John Kiarie (Dagoretti South).
Health Committee Chairperson, James Nyikal, said the amendment targets life-and-death situations, as Sabina Chege (Murang’a) regretted the growing commercialisation of health.
“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.
Irene Mayaka, however, called for clear mechanisms for hospitals to recover their money.
“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.”