Ministry, hospitals oppose Bill banning patient detention

The Ministry of Health and private hospitals have opposed the Senate's efforts to stop health facilities from detaining patients or corpses over unpaid bills.

In submissions to the Senate Health Committee considering the Health (Amendment) Bill, 2025, the Ministry argued that it is illegal to criminalise detention of bodies, as mortuary services are billable and subject to approved fees.

"The issue of non-payment should be handled administratively. Hospital and mortuary fees are already covered under the Social Health Insurance scheme to reduce financial burdens," the Ministry stated.

Senate Health Committee Chair Jackson Mandago dismissed the submissions, clarifying that the Bill targets the act of detaining patients or corpses, not mortuary services.

He noted that the High Court has already outlawed such detentions and urged the Ministry to ensure Kenyans register with the Social Health Authority (SHA).

Nominated Senator Tabitha Mutinda added that universal SHA registration is the key solution, not opposition to the Bill, which seeks to protect citizens from undue suffering.

Nyamira Senator Okongo Omogeni said the Bill is grounded in constitutional and international human rights, including Articles 28, 29, and 39 of the Constitution, the ICCPR, and the African Charter on Human and Peoples' Rights, all of which guarantee liberty, dignity, and protection from arbitrary detention.

The Aga Khan Hospital argued the Bill fails to protect private facilities' property rights, warning that unpaid bills threaten private hospital operations.

Mandago countered that constitutional rights are universal and cannot vary between public and private facilities, emphasising the WHO guidance that detention should be prohibited in all healthcare settings.