The Health (Amendment) Bill, 2025
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Detention of Patients and Corpses Prohibited
The Bill introduces a new Section 7A to the Health Act, which strictly prohibits any health facility from detaining a patient or the corpse of a patient as a lien over outstanding medical fees.
Up to KSh 2 Million Fine for Facility Managers
A person in-charge of a health facility who violates the detention prohibition commits an offence and, under Section 111 of the Health Act, is liable to a fine not exceeding KSh 2 million, imprisonment for up to three months, or both.
New Regulations for Fee Recovery
To address unpaid hospital bills, the Cabinet Secretary is empowered to make specific regulations establishing alternative, lawful mechanisms for recovering outstanding medical fees.
Bill No.
No. 12 of 2025
Gazette No.
Supplement No. 120 of 2025
Sponsor
Sen. Mogeni Erick Okong’o, M.P
Background
Under Article 28 of the Constitution of Kenya, every person has a fundamental right to inherent dignity, and Article 39(1) guarantees the right to freedom of movement. Additionally, Article 29 protects individuals from arbitrary detention. Despite consistent court rulings declaring the detention of patients and corpses for unpaid bills unconstitutional—such as the High Court decision in Emmah Muthoni Njeri v Nairobi Women’s Hospital [2021] KEHC 8797 (KLR)—the practice continues due to the absence of explicit statutory prohibitions. The Health (Amendment) Bill, 2025 addresses this legislative gap.
Key Amendments
- Insertion of Section 7A: This section amends the Health Act to establish an absolute prohibition against health facilities detaining patients or deceased bodies as security or collateral for unpaid service fees.
New Obligations
- Prohibition of Lien: Health facilities are legally barred from holding patients or corpses as lien for outstanding fees.
- County Government Compliance: County governments must supervise all health facilities within their jurisdictions to ensure compliance and revise local health service delivery policies accordingly.
- Regulatory Framework: The Cabinet Secretary is obligated to develop regulations that establish alternative debt-recovery procedures for health facilities.
Penalties
- Criminal Prosecution: A person in-charge of a health facility who detains a patient or corpse for outstanding fees commits an offence.
- General Penalty Applicability: Under Section 111 of the Health Act, individuals convicted of this offence are liable to a fine not exceeding KSh 2 million, imprisonment for a term not exceeding three months, or both.
No updates tracked yet
Updates will be visible here once they are approved and applied to this bill.