MP introduces Bill to criminalise detention of bodies by hospitals over unpaid bills

Kirinyaga Woman Representative Jane Njeri Maina has proposed an amendment to the Health Act that seeks to criminalise the detention of dead bodies by hospitals over unpaid medical bills, a practice that has long burdened grieving families across the country.

Through the Health (Amendment) Bill, 2024, which was read for the first time in the National Assembly on Wednesday, Maina is pushing for legal safeguards to ensure that no family is subjected to the trauma of being denied the remains of their loved ones simply because they are unable to settle accrued hospital fees.

The proposed amendments target Section 7 and Section 12 of the Health Act No. 21 of 2017, which currently provides for the right to emergency medical treatment and outlines the duties of healthcare providers.

While the Act compels facilities to offer emergency care and punishes those who fail to do so, it is silent on post-mortem detention of bodies, creating a legal loophole that some hospitals exploit to recover fees.

Maina’s bill seeks to plug that gap by making it an offence for medical institutions to withhold bodies from families unable to pay, regardless of the amount owed.

If passed, hospitals found guilty of detaining bodies will face criminal penalties, potentially including fines or other legal sanctions.

The bill also proposes further strengthening the rights of both patients and healthcare workers by clarifying emergency care obligations and reinforcing protections for medical staff in abusive situations.