Kenyan MPs pass Bill barring upfront emergency fees at public facilities

Kenya's National Assembly passed the Health (Amendment) Bill, 2024 at third reading on 11 November. Public health facilities that demand payment before emergency treatment would face fines of up to KSh 3 million, Capital FM, The Standard and Kenyans.co.ke reported.

Public healthcare officers who authorise or facilitate the detention of a body over an unpaid bill would face fines of up to KSh 2 million. The Bill now goes to the Senate and, if approved there, to President William Ruto for assent. It is not yet law.

The sponsor is Jane Njeri Maina, the Kirinyaga Woman Representative. The Bill amends the Health Act, 2017 and draws on Article 43(2) of the Constitution, which says no one may be denied emergency medical treatment, and on Article 28 on human dignity.

The Standard reported that Maina moved the Bill at second reading on 11 February 2026. It said the Bill bars healthcare facilities from demanding upfront payment, insurance verification or proof of ability to pay before emergency care, and makes it an offence to detain patients or human remains to recover unpaid bills. It also provides for structured payment plans as the lawful way to recover medical debts.

Both fines are tied to public facilities and public officers. In a letter dated 6 October 2025 to the Clerk of the National Assembly, Solicitor General Shadrack Mose asked that the penalty for demanding payment before emergency treatment apply to private as well as public facilities, Eastleigh Voice reported on 8 October 2025. He said Clause 3(f) of the Bill as then drafted covered only public facilities, and that Section 12 of the Health Act already puts a duty on all healthcare providers, public or private, to give emergency treatment.

Maina cited the case of Kelvin, a former medical student who died in a road accident and whose body was reportedly held at a funeral home for nearly a year over a KSh 1.42 million bill.

Capital FM reported that James Nyikal, chairperson of the Health Committee, said the Bill was intended to guarantee emergency treatment regardless of a patient's financial circumstances. Nominated MP Irene Mayaka backed the Bill but asked for structured payment arrangements.

Kangundo MP Fabian Kyule Muli warned that providers also carry costs and must be protected, The Standard reported. Funyula MP Ojiambo Oundo said the Bill may treat symptoms without addressing financing, insurance and hospital operations.