Senate Health Committee Deliberates on Bill to End Detention of Patients and Corpses in Hospitals

 

The Senate Committee on Health, chaired by Vice Chairperson Senator Mariam Omar, on Thursday convened at Bunge Tower to deliberate on the Health (Amendment) Bill, 2025, a proposal seeking to outlaw the detention of patients and the bodies of deceased persons in hospitals over unpaid medical bills.

The Bill, sponsored by Nyamira Senator Mogeni Okong’o, seeks to amend the Health Act to explicitly prohibit the long-standing practice by some health facilities of holding patients or corpses until families settle outstanding charges.

According to Senator Okong’o, the proposed amendment aims to uphold the fundamental rights enshrined in the Constitution of Kenya, particularly Articles 28, 29, and 39, which guarantee the right to human dignity, freedom and security of the person, and freedom of movement.

“Detaining a patient or the body of a deceased person due to unpaid medical bills not only violates constitutional rights but also subjects families to unnecessary psychological and emotional trauma,” Senator Okong’o told the committee.

The Bill also seeks to bring Kenya’s laws in line with international human rights instruments, including Article 11 of the International Covenant on Civil and Political Rights and Article 6 of the African Charter on Human and Peoples’ Rights, both of which prohibit imprisonment or detention due to debt.

In addition to outlawing detentions, the amendment proposes the establishment of alternative mechanisms for fee recovery, ensuring that health facilities can claim payments through lawful and humane processes without infringing on human rights.

Committee members welcomed the initiative, noting that while hospitals must recover costs to remain sustainable, this must be done in a manner that respects dignity and justice.

Senator Omar emphasized that the committee’s deliberations will focus on balancing the protection of patients’ rights with the financial sustainability of health facilities.

“Our duty is to ensure that no Kenyan is deprived of dignity or subjected to inhumane treatment due to poverty, while also safeguarding the operations of health institutions,” she said.

The committee is expected to receive further public submissions and stakeholder input before tabling its report in the Senate for debate.