MPs Approve Bill Banning Upfront Payment for Emergency Care

Kenyans could soon receive emergency medical treatment without being required to pay first, after Members of the National Assembly approved a Bill prohibiting healthcare facilities from demanding upfront payments before attending to patients.

The Health (Amendment) Bill, 2024, was passed during its third reading on Wednesday, November 11, 2026, paving the way for changes to the Health Act.

The legislation, sponsored by Kirinyaga Woman Representative Jane Njeri Maina, seeks to guarantee access to emergency medical services regardless of a patient’s immediate ability to pay.

Ksh3 Million Penalty for Hospitals

Under the proposed amendments, public healthcare facilities that demand payment before providing emergency treatment would face a fine of up to Ksh3 million.

The Bill also seeks to prohibit public hospitals from detaining the bodies of deceased patients over unpaid medical bills — a practice that has left some families struggling to secure the release of loved ones for burial.

Public healthcare officers who authorise or facilitate the detention of bodies over outstanding bills would face fines of up to Ksh2 million.

Addressing Financial Barriers

The amendments target the financial obstacles that prevent patients from accessing urgent medical services, particularly where families cannot immediately raise money for treatment.

Speaking after the proceedings, Kitutu Masaba MP Clive Ombane Gisairo welcomed the approval, saying the reforms would protect vulnerable patients and their families.

“The exploitation of vulnerable patients in both public and private hospitals will soon be a thing of the past under the proposed reforms in the health sector,” Gisairo stated.

He described the Bill as an important step towards strengthening patients’ rights.

“Once enacted, this landmark legislation will guarantee access to emergency medical treatment and prohibit hospitals from detaining patients or withholding deceased persons over unpaid medical bills,” he said.

What Happens Next

Having cleared the National Assembly, the Bill now proceeds to the Senate for consideration before being forwarded to President William Ruto for assent.