By James Murimi - Reporter
Kenya, 22 August 2026 - A proposal to impose fines of up to KSh 5 million on hospitals that detain patients or bodies of deceased persons over unpaid bills has triggered a fresh battle over accountability, medical debt and patients’ rights.
The contentious proposal is contained in the Medical Practitioners and Dentists (Amendment) Bill, 2026, which is now under consideration by the National Assembly Departmental Committee on Health.
The committee, chaired by Seme MP Dr James Nyikal, heard divergent views from government agencies, private health providers and medical unions during a public engagement on the proposed law.
The Bill, sponsored by Nyeri Town MP Duncan Mathenge, seeks to strengthen regulation of the health profession and crack down on malpractice, including the fraudulent acquisition of licences by unqualified practitioners.
But the proposal targeting hospitals holding patients or bodies over medical debts emerged as one of the most contentious provisions, with stakeholders warning that the proposed punishment could have far-reaching consequences for health facilities.
Under the Bill, a person found guilty of detaining a patient or the body of a deceased person over an unpaid medical bill could be fined up to KSh 5 million, jailed for five years, or both.
Stakeholders opposed to the provision argued that medical debt is a complex issue affecting thousands of families and health facilities, particularly where patients cannot settle bills after receiving treatment.
They proposed negotiated payment plans, including instalments, as an alternative to criminal sanctions.
The debate comes against the backdrop of persistent concerns over patients being unable to access their freedom or bodies of deceased relatives after failing to clear hospital bills.
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However, the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) went further, demanding that Parliament withdraw the Bill altogether.
KMPDU Secretary-General Dr Davji Bhimji Atellah said existing laws and regulatory institutions were capable of dealing with malpractice and maintaining professional standards.
“KMPDU supports effective regulation of all healthcare professionals. However, regulations must be evidence-based, legally coherent, operationally feasible and primarily focused on protecting the public,” Dr Atellah said.
The Bill also seeks to bring community oral health officers, dental technologists and optometrists under its regulatory framework.
It further provides for the registration of foreign medical practitioners residing in Kenya, while proposing tougher action against professionals who assist unqualified individuals to obtain licences to operate health facilities.
The divergent views have placed Parliament at the centre of a delicate balancing act — protecting patients from abuse and malpractice while ensuring that new regulations do not impose punitive measures that could destabilize healthcare providers.
The committee will consider the views submitted by stakeholders as it proceeds with scrutiny of the proposed amendments.