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Can a hospital detain you over an unpaid bill in Kenya?

What the Constitution, the Health Act and the courts say about detaining patients and bodies, emergency care without a deposit, and practical steps if it happens.

DW
by Reviewed by Josephine Njeri 5 min read Updated 30 October 2026Verified 30 Oct 2026

Detaining patients

In Gicheru v Nairobi Hospital (28 April 2026), the High Court ordered the immediate release of a patient held after discharge because his insurer had declined part of the bill. The court relied on an earlier 2023 decision against Mater Hospital, which held that hospitals "cannot detain patients on account of unpaid medical bills" and that detaining a patient "is not one of the ways of debt recovery". The patient was released to his next of kin, who had to sign an undertaking to pay any lawful balance. This was an interim ruling; the full case continues.

Holding a body

In September 2025 the High Court ruled that Mater Hospital acted unlawfully in holding a body for about two months over a bill, and ordered release on payment of reasonable mortuary charges only, according to Citizen Digital. The rest of the bill has to be pursued as a normal debt.

Emergency treatment

  • The Constitution, Article 43(2): no one shall be denied emergency medical treatment.
  • The Health Act 2017, section 7: emergency treatment includes care before reaching hospital, stabilising the patient and arranging referral. A facility that fails to give it while able to commits an offence, with a fine of up to KES 3 million.
  • SHA told hospitals on 1 August 2026 not to deny or delay emergency care because a patient cannot pay or cannot raise a deposit, with the first 24 hours funded through its emergency fund, as reported by Capital FM. See SHA emergency care.

If you or a relative is being held

  1. Ask for the discharge summary and an itemised bill showing what SHA or the insurer has paid.
  2. Ask to see the social worker or patient accounts office about a payment plan. At KNH, the ward social worker decides whether a patient qualifies for credit (KNH).
  3. Offer a written undertaking to pay the balance in instalments, and keep a copy.
  4. If the hospital still refuses to release the patient or a body, get legal help quickly; courts have ordered urgent release in these cases.
  5. Pay any agreed amount only through the hospital's official channel; see how to pay a hospital bill.

Sources

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