Legislation has the power to shape the future of healthcare. It influences how care is delivered, how healthcare workers practice, and how patients access essential services. That is why every proposed amendment to Kenya’s health laws deserves careful scrutiny and meaningful public participation.
The Health (Amendment) Bill, 2024, currently before Parliament, has now progressed beyond the Second Reading and is moving to the Committee Stage, the most critical phase for stakeholder engagement. This is the stage where healthcare professionals, institutions, professional associations, and members of the public have the opportunity to review the proposed provisions and submit their recommendations before the Bill is considered for final passage.
KMPDU is calling upon doctors, healthcare workers, private health facilities, professional associations, and all stakeholders to actively participate in this legislative process.
Why This Bill Matters
The proposed amendments seek to strengthen patient rights and align Kenya’s health laws with constitutional protections, particularly regarding access to emergency medical treatment and the dignity of patients.
Among the key proposals contained in the Bill are:
Guaranteeing access to emergency medical services without requiring pre-payment.
Criminalizing the detention of patients or deceased persons due to non-payment of medical bills.
Introducing penalties for healthcare facilities or administrators who violate these provisions.
Aligning the Health Act with the constitutional rights to human dignity under Article 28 and the right to emergency medical treatment under Article 43 of the Constitution.
These objectives reflect important constitutional principles that KMPDU has consistently supported.
KMPDU Supports Patient Rights
KMPDU firmly supports every Kenyan’s right to dignity and access to emergency medical care.
No patient should be denied life-saving treatment because of an inability to pay, and healthcare must always be delivered in accordance with the values and protections enshrined in the Constitution.
Equally, every healthcare professional is committed to providing care guided by medical ethics, professional standards, and the best interests of patients.
Protecting Healthcare Workers from Unintended Consequences
While supporting the Bill’s broader objectives, KMPDU is concerned that certain provisions could inadvertently expose individual doctors and healthcare workers to criminal liability for decisions that fall outside their professional authority.
Administrative policies relating to billing, admissions, discharge procedures, or debt recovery are typically determined by hospital management or facility owners—not by individual clinicians providing patient care.
Doctors should never be criminally liable for administrative or financial decisions over which they exercise no control.
The Union therefore calls for clear legal safeguards that distinguish clinical responsibility from institutional administrative functions.
Sustainable Healthcare Requires Sustainable Financing
Protecting patient rights cannot be separated from strengthening healthcare financing.
Healthcare facilities require predictable and timely reimbursement to sustain emergency services, maintain operations, and ensure uninterrupted patient care.
KMPDU is therefore advocating for the inclusion of a Prompt Payment framework within the legislation to guarantee timely reimbursement for emergency medical services.
Such a framework should provide:
Clearly defined statutory timelines for reimbursement of emergency treatment costs.
Automatic interest or financial penalties where reimbursements are delayed.
Protection for healthcare facilities against cash flow challenges arising from delayed payments by government agencies or public health financing mechanisms.
These safeguards already exist in other areas of public financial management and would help create a more sustainable emergency care system that protects both patients and healthcare providers.
Your Voice Matters
The Committee Stage presents a unique opportunity for healthcare professionals and stakeholders to influence legislation before it becomes law.
KMPDU urges:
Doctors and healthcare workers.
Private hospitals and healthcare facilities.
Professional associations.
Medical training institutions.
Civil society organizations.
Members of the public.
to obtain a copy of the Health (Amendment) Bill, 2024, carefully review its provisions, submit memoranda to Parliament, and engage their respective Members of Parliament on areas that require improvement.
Effective legislation is built through inclusive consultation and informed public participation.
Vigilance Protects Both Patients and Professionals
The Union believes that Kenya can enact legislation that simultaneously protects patients, upholds constitutional rights, strengthens emergency healthcare, and safeguards healthcare professionals from unintended legal exposure.
These objectives are not mutually exclusive—they are complementary.
As Parliament considers this important legislation, KMPDU remains committed to constructive engagement and evidence-based advocacy that advances both public health and the welfare of healthcare workers.
The future of healthcare policy should be shaped through collaboration, dialogue, and informed participation.
The price of freedom is eternal vigilance. As this Bill advances through Parliament, KMPDU calls upon every healthcare stakeholder to remain informed, actively participate in the legislative process, and help shape a law that protects patients, supports healthcare workers, and strengthens Kenya’s health system for generations to come.
