Can a hospital hold you over an unpaid bill?
Constitution of Kenya and Health Act, 2017 · sources read 5 Oct 2026
The Constitution says no one may be deprived of their freedom arbitrarily or without just cause, and everyone has the right to have their dignity respected. No one may be denied emergency medical treatment, and a hospital that can give it but fails to commits an offence.
- Where
- KHPOA or KNCHR for complaints; the High Court to enforce your rights
Steps
- Complain to the Kenya Health Professions Oversight Authority (KHPOA), which receives and helps resolve complaints about health services.
- Report it to the Kenya National Commission on Human Rights (KNCHR) at their offices, by letter, online or by email.
- You, or someone acting for you, can go to the High Court claiming your right to freedom or dignity is being violated.
Watch out
- A medical institution that fails to give emergency treatment when it is able to commits an offence, with a fine of up to KSh 3 million.
- Emergency treatment includes pre-hospital care, stabilising the patient, or arranging referral if the facility cannot stabilise them.
- In 2015 the High Court (the Pumwani Maternity case brought by Millicent Awuor Omuya and another) declared that detaining patients in a health facility is arbitrary and unlawful and violates the Constitution.
- The court found that the way the mothers were treated before and during their detention over unpaid bills violated, among others, their rights to dignity (Article 28) and freedom and security of the person (Article 29).
- The court also ordered the government and the hospital to take measures to end the practice of detaining patients who cannot pay their medical bills.
Who this covers
- Every person, including patients.
Official sources (5)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Health Act, 2017 (No. 21 of 2017), Revised Edition 2022 machakosassembly.go.ke · read 2 Oct 2026
- Kenya Health Professions Oversight Authority khpoa.go.ke · read 2 Oct 2026
- Report Violation knchr.org · read 2 Oct 2026
- M A O & another v Attorney General & 4 others (Millicent Awuor Omuya & another), Petition 562 of 2012, [2015] KEHC 8096 (KLR) new.kenyalaw.org · read 5 Oct 2026