Kirinyaga Woman Representative Njeri Maina has moved the Health (Amendment) Bill in the National Assembly to guarantee emergency treatment without upfront payments. The proposal seeks to strengthen patient protections and impose penalties on facilities detaining deceased bodies over unpaid bills.
On February 11, 2026, Kirinyaga Woman Representative Njeri Maina moved the Health (Amendment) Bill for its second reading in the National Assembly, aiming to amend the Health Act. The bill guarantees access to emergency treatment before the payment of prescribed medical fees, obligating hospitals to provide urgent care without requesting upfront payments.
"The right to emergency treatment must be protected by this House. This expands the scope of emergency care to cover treatment at the scene, during transport and through to the hospital," Njeri said.
The changes address persistent challenges faced by patients and relatives unable to clear medical bills before admission and during treatment. According to the lawmaker, the legislation strengthens patient rights while promoting dignity and fairness in the country's healthcare system.
To enforce compliance, the bill introduces penalties, including a Ksh3 million fine for any public healthcare facility demanding prepayment before administering emergency treatment. It also makes it an offence for public healthcare facilities and providers in charge to detain bodies of deceased people as a means of demanding outstanding medical bills.
While speaking before the National Assembly, Njeri cited a notice by Kenyatta National Hospital (KNH) indicating that 262 unclaimed bodies were held at the facility over the past year, with an additional 124 reported in June 2025 alone.
"Hospitals and mortuaries continue to detain the bodies of Kenyans who have passed on and come from financially incapacitated families to ensure they drain them emotionally to pay the bill," the lawmaker reiterated.
According to Njeri, in one instance, a woman’s body was detained at Mathare Hospital for more than two months over a Ksh3.3 million bill, which her two college-aged sons could not afford to pay. Under the proposal, any public healthcare officer who approves or enables the detention of a body due to unpaid medical bills would face a fine of up to Ksh2 million.
