Kenyan lawmakers have rallied behind the Health (Amendment) Bill, 2024, a landmark legislation aimed at ending the detention of bodies over unpaid hospital bills and ensuring all Kenyans receive emergency medical care without upfront payment.
The Bill, championed by Kirinyaga County MP Hon. Njeri Maina, proposes amendments to the Health Act, Cap. 241, compelling all public health facilities to provide emergency services before demanding payment. It also seeks to criminalize the holding of deceased bodies as collateral for unpaid medical fees — a practice increasingly criticized for undermining dignity and human rights.
Hon. John Kiarie (Dagoretti South MP) underscored the urgency of the law. “The emergency unit of any hospital should live up to just that word: emergency. 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 treatment,” he lamented.
Echoing this sentiment, Nominated MP Hon. Sabina Chege decried the growing commercialization of healthcare in Kenya.
“Despite clear constitutional provisions on the right to health and emergency medical treatment, the commercialisation of health is real and threatens our citizens’ dignity,” she said.
While supporting the Bill, Nominated MP Hon. Irene Mayaka emphasized the need for clear mechanisms to balance patient protection with the sustainability of medical facilities.
“Alternative payment plans are necessary to ensure people don’t abuse this law. Hospitals must still run, and payments must eventually be made,” she said.
For Embakasi East MP Hon. Babu Owino, the legislation is about national productivity. “A sick nation cannot be productive. Healthcare should be free, and if not free, it must be affordable. Greed and profit motives are eroding medical ethics,” he warned.
Manyatta MP Hon. Gitonga Mukunji described the Bill as a moral litmus test.
“Detaining a body is the worst kind of torture for a grieving family. This Bill appeals to the conscience of our nation,” he said, highlighting the gaps in hospital equipment and functionality.
The Chair of the Health Committee, Hon. James Nyikal, framed the Bill as a life-or-death intervention. “The purpose is simple: access to emergency treatment whether you have money or not, at the critical moment when life hangs in the balance,” he said.
If passed, the legislation is expected to ease the financial and emotional burden on families while reinforcing the government’s commitment to uphold the right to health for all Kenyans, marking a major step in protecting life, dignity, and ethical healthcare practices.
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