Members of the National Assembly have rallied behind the Health (Amendment) Bill, 2024, which seeks to guarantee access to emergency medical treatment before payment and outlaw the detention of bodies in public hospitals over unpaid bills.

Moved by Kirinyaga Woman Representative, Hon. Njeri Maina on Wednesday, 11th February 2026, the Bill proposes to amend the Health Act, Cap 241, to make it an offence for healthcare facilities to withhold treatment or detain deceased persons as a means of recovering costs.

“The Bill seeks to resolve the problem of patients or their relatives having to pay medical fees prior to admission and treatment,” said Hon. Maina, adding that the amendments aim to uphold the constitutional right to health and human dignity.

Supporting the Bill, Hon. John Kiarie (Dagoretti South) said the country’s hospitals must return to the principle of saving lives first. “The emergency unit of any hospital should live up to its name. Today, instead of checking a patient’s vitals, we check their ability to pay,” he said.

Hon. Sabina Chege (Nominated)decried the commercialisation of healthcare, despite constitutional guarantees. “It is unfortunate that even with a Constitution that clearly protects the right to health, the commercialisation of health in Kenya is real,” she noted.

Hon. Irene Mayaka (Nominated) supported the proposal but urged the development of structured payment plans to sustain health facilities. “We must ensure dignity is preserved while also enabling facilities to function. Payments should still be made, but not at the expense of saving lives,” she said.

On his part, Hon. Babu Owino (Embakasi East) criticised the monetisation of healthcare, calling it a betrayal of the medical oath.

“Greed has blurred vision. Doctors must remember the Hippocratic Oath to do no harm and offer care to the best of their ability,” he said.

He added that access to affordable healthcare is key to national productivity. “A sick nation cannot be productive. Healthcare should be free or at least very affordable,” he said.

Health Committee Chair, Hon. James Nyikal summed up the Bill’s intent, saying it ensures that at the most critical point between life and death every Kenyan receives emergency care, “whether you have money or not.”

If enacted, the Bill is expected to ease the financial and emotional burden on families while reinforcing the government’s commitment to uphold the right to health for all Kenyans.