For years, the phrase "discharged" in Kenyan hospitals has carried a cruel double meaning. For the wealthy, it means going home. For the poor, it often marks the beginning of a new nightmare: indefinite detention in a ward until a bill is cleared.

That era of "hospital prisons" may be drawing to a close.

Members of Parliament are today set to debate the Health (Amendment) Bill, 2025, a landmark piece of legislation that seeks to criminalise the detention of patients and bodies by medical facilities. Sponsored by Kirinyaga Woman Representative Jane Njeri Maina, the Bill proposes a paradigm shift: treating healthcare as a fundamental right rather than a transaction held together by coercion.

The 'Hospital Prison' Crisis

The practice has become a grim norm in Nairobi and beyond. Families, already grieving the loss of a loved one, are frequently denied the right to bury their dead because of outstanding balances. New mothers are held hostage in maternity wards, accruing daily fees they have no hope of paying.

"We are turning our healing centers into holding cells," noted Ms. Maina during the Bill's introduction. "Poverty should not be a crime punishable by imprisonment in a hospital bed."

The proposed law introduces Section 7A to the Health Act, explicitly forbidding facilities from using patients or corpses as lien (collateral) for debt. The penalties are steep:

• Criminal Offence: Hospital administrators found guilty of detaining patients face jail terms.
• Heavy Fines: Institutions can be fined up to KES 2 million for every violation.
• Debt Recovery: The Bill clarifies that releasing a patient does not extinguish the debt; hospitals must use legal channels—not physical detention—to recover their money.

Hospitals Push Back

While human rights groups have hailed the Bill as long overdue, the healthcare industry is sounding the alarm. The Ministry of Health and the Kenya Association of Private Hospitals (KAPH) have expressed strong reservations, arguing that the law could lead to financial collapse for many facilities.

"If we cannot secure payment, we cannot buy medicine or pay doctors," a representative from a leading private hospital in Nairobi argued before the Health Committee. "This Bill, while well-intentioned, may force private facilities to demand full payment upfront, effectively locking out the very poor it seeks to protect."

The Ministry of Health had previously suggested that non-payment issues be handled administratively rather than criminally, warning that criminalising administrators would demoralise the workforce.

The Legal Reality

The debate in Parliament catches up with what the Judiciary has been saying for years. The High Court has repeatedly ruled that detaining patients is unconstitutional, citing Article 28 (human dignity) and Article 39 (freedom of movement).

Despite these rulings, the lack of specific statutory penalties has allowed the practice to fester. The Kenya Medical Practitioners and Dentists Council (KMPDC) has often had to intervene case-by-case, ordering the release of bodies held over bills as high as KES 1.3 million.

If passed, this Bill will finally give the KMPDC and the courts the teeth to enforce these rulings universally.

As the debate opens, the question for MPs is not just about economics, but about the soul of the nation's healthcare. For the common mwananchi, the hope is that the next trip to the hospital will be about healing, not a negotiation for their freedom.