Proposed law seeks fines of up to Ksh.50M for substandard healthcare facilities

The Quality Healthcare and Patient Safety Bill, which is now open for public participation, seeks to overhaul regulation of healthcare delivery in Kenya by enforcing uniform standards, strengthening patient rights, and ensuring accountability across public, private, and faith-based health facilities.

The draft law comes amid rising concerns over cases of medical negligence, unsafe practices, and inconsistent service quality in hospitals and clinics across the country — challenges that have long gone unaddressed due to regulatory gaps.

“This bill is going to respond to the gaps in regulation in new areas such as ambulance services, medical aesthetic procedures, telemedicine and digital health platforms, as well as traditional and alternative medicine,” said Mary Muthoni, Principal Secretary for Public Health and Professional Standards.

The bill also mandates that facilities only offer services they are licensed and qualified to provide, and failure to meet these expectations could result in severe legal consequences: a Sh50 million fine, a decade-long jail term, or both.

In addition, the bill proposes the creation of a Quality Healthcare and Patient Safety Authority — a new regulatory body tasked with registering, licensing, and accrediting health facilities, overseeing their operations, and enforcing adherence to healthcare standards nationwide.

“Never again will we have substandard health facilities or rogue healthcare providers,” added PS Muthoni. “Whether private, public, or faith-based, the quality of healthcare will be uniform.”