Lawmakers Back Bill to End Detention of Bodies, Guarantee Emergency Care for All

 Members of the National Assembly have backed the Health (Amendment) Bill, 2024, a proposed law that seeks to outlaw the detention of bodies over unpaid hospital bills and ensure all Kenyans receive emergency medical treatment without being required to pay upfront.

The Bill, sponsored by Kirinyaga County MP Hon. Njeri Maina, proposes amendments to the Health Act, Cap. 241, compelling public health facilities to provide emergency services before demanding payment. It also criminalizes the practice of holding bodies as collateral for unsettled medical fees — a practice that has drawn widespread public criticism.

Debating the Bill on Thursday, lawmakers described it as a necessary intervention to protect the constitutional rights to life, dignity and health.

Dagoretti South MP Hon. John Kiarie criticized hospitals that prioritize billing over urgent care. “The emergency unit of any hospital should live up to just that word — emergency,” he said. “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.”

Murang’a County MP Hon. Sabina Chege lamented what she termed the growing commercialization of healthcare in the country, arguing that 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 Hon. Irene Mayaka supported the proposed law but emphasized the need for safeguards to ensure sustainability of health institutions. She called for clear cost-recovery mechanisms and alternative payment plans to prevent abuse of the system. “Medical facilities must still run, and payments must eventually be made,” she noted.

Embakasi East MP Hon. Babu Owino urged the government to prioritize healthcare as a pillar of national development, arguing that access to affordable services is essential for productivity. “A sick nation cannot be productive. Healthcare should be free, and if not free, it should be affordable,” he said, warning that profit-driven motives were eroding medical ethics.

Mukurwe-ini MP Hon. Gitonga Mukunji described the Bill as a moral test for the country, condemning the detention of bodies as inhumane. “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, adding that many public hospitals remain ill-equipped and require urgent investment.

Health Committee Chair Hon. James Nyikal clarified that the amendment specifically 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 Health (Amendment) Bill, 2024 is expected to ease the financial and emotional burden on families while reinforcing the government’s commitment to uphold the right to health and dignity for all Kenyans.