Managers of public and private hospitals face a fine of up to Sh2 million for detaining patients or bodies over unpaid medical bills if President William Ruto assents to the Health (Amendment) Bill, 2024.
The National Assembly unanimously passed the Bill, which seeks to outlaw the detention of patients and bodies as a means of recovering medical costs.
MPs said it was morally and ethically wrong for hospitals to withhold discharged patients or bodies of deceased people over unpaid bills.
This is the third attempt by Parliament to legislate against the practice, with two previous Bills failing to become law.
“A person in charge of a health facility shall not detain, permit or cause the detention of a patient who has been discharged or the body of a deceased on grounds of non-payment whether in part or in full of the hospital bills or medical expenses,” reads the Bill.
Kirinyaga Woman Representative Njeri Maina addresses the media at Parliament Buildings in Nairobi on February 12, 2026.
Photo credit: Dennis Onsongo I Nation Media Group
Sponsored by Kirinyaga Woman Representative Njeri Maina, the Bill also makes it an offence for hospitals to deny admission or treatment because a patient has not paid a deposit or part of the expected medical costs.
National Assembly Health Committee chairperson James Nyikal said the legislation would help families whose relatives have been detained over unpaid bills.
“This has been a major problem in our country and our courts have ruled on more than one occasion that a body cannot be held liable to enforce payment,” Dr Nyikal said.
Mwingi West MP Charles Ngusya questioned the practice, saying detaining bodies was un-healthy.
“Why should hospitals detain dead bodies? It’s not even healthy. Let’s ensure this law is implemented fully,” he said.
Dagoretti South MP John Kiarie singled out private hospitals, which he said had been notorious for detaining bodies.
However, the Bill provides an exception for patients who voluntarily choose private or semi-private rooms at the time of admission. Such patients will be required to settle their bills before discharge or release of a body, except in emergencies or where there is a medical necessity.
To help hospitals recover treatment costs, the Bill introduces promissory notes through which patients or relatives of deceased persons undertake to settle outstanding bills.
The document will specify the payment period and arrangements, and be signed by the person taking responsibility for the bill. It will be a legally binding commitment that hospitals can en-force in court.
National Assembly committee on Health chairperson and Seme MP James Nyikal.
Photo credit: Jared Nyataya | Nation Media Group
Dr Nyikal said the provision was intended to balance patients’ rights with hospitals’ need to re-cover the costs of treatment.
“There have been arguments that expenses have been incurred in taking care of this person whether they die or they are discharged and therefore arrangements should be made for the people who have been taking care of them to recover their cost and that is why we have brought in the issue of promissory note,” he said.
A new Clause 4A requires a hospital to discharge a patient or release a body upon execution of a promissory note securing payment of outstanding medical expenses.
The provision is part of measures introduced by MPs to help hospitals recover their costs and continue offering services.
Courts have previously ruled that hospitals have no right to hold bodies as security for unpaid bills.
In September 2025, Justice Nixon Sifuna ordered the release of a body after a family in Kirinyaga failed to raise Sh3.3 million in mortuary charges.
“There is no law providing for a hospital’s right of lien over patients or over their remains should they die while hospitalized or undergoing treatment,” he said.
If signed into law, the Bill would provide relief to families whose relatives have been detained in hospitals over unpaid medical bills.
