The Social Health Insurance Authority turned one in October 2025. Admittedly, the first year of its operation has been marred with teething problems that have hindered access to healthcare for many Kenyans. In the past three months, the most glaring concern has been the detention of patients in health facilities, for non-payment of hospital bills. On various social media platforms such as Tik Tok, mothers have shared their accounts of how they have been detained alongside their infants for failing to pay fees for delivery services.
At around the same time, the High Court delivered a ruling stating that there is no law in Kenya providing for a hospital’s right of lien over patients or over their remains should they die while hospitalized.[1] This decision buttressed a finding previously entered by the High Court on several occasions, amid a lack of regulation on the practice of detention of patients.
The Senate of Kenya responded to this menace by tabling the Health (Amendment) Bill 2025[2] (Senate Bills No. 12 of 2025) to curb the practice of detention of patients and their remains for financial reasons. The proposed law seeks to criminalise the practice of detention of patients. It further requires the Cabinet Secretary for Health to pass Regulations on the issue. KELIN submitted a memorandum on the legislative proposal, providing suggestions on how to align the interventions with international best practices.
KELIN will sustain engagement with Parliament and the Ministry of Health in the development of Regulations to ensure that patient rights are upheld amid commercial interests.
To contribute to the discussions on this forum, follow KELIN on our social media platforms: Twitter: @KELINKenya following the hashtag: #justice2health
See press statement on the recent detentions
For more information, please contact:
Margaret Nyambura
Programme Coordinator, Sexual Reproductive Health Rights
P. O. Box 112 – 00202 KNH Nairobi,
Tel: 020, 2515790
E-mail: margaretnyambura@kelinkenya.org
Website: www.kelinkenya.org
LinkedIn: https://www.linkedin.com/company/kelin-kenya
[1] High Court Civil Case E220 of 2025
