The Kenya Medical Practitioners and Dentists Council (KMPDC) has warned hospitals, mortuaries, and funeral homes against detaining bodies over unpaid bills, saying the practice is illegal and violates the Constitution.
In a notice issued on Tuesday, November 18, the council reminded health facilities that while they are allowed to pursue payment for services offered, they cannot hold on to the body of a deceased person as leverage for debt recovery.
KMPDC emphasized that detaining bodies amounts to a criminal offence under Section 137 of the Penal Code, which prohibits obstructing the burial of a deceased person without lawful reason.
“Health facilities are entitled to pursue payment for services rendered, but the law does not allow them to detain a deceased person’s body as collateral for unpaid bills. Such actions breach constitutional rights and amount to a criminal offence,” the council stated.
The regulator advised facilities to instead work with bereaved families to establish payment plans or explore other acceptable arrangements to settle pending balances.
The advisory comes barely a month after a High Court ruling declared the detention of bodies over medical bills unlawful. Justice Nixon Sifuna, in his judgement, said the practice is unconstitutional, degrading, and violates human dignity.
The ruling stemmed from a case in which a Nairobi private hospital was ordered to release a woman’s body it had held for more than two months over a Ksh3.3 million bill.
“The detention of bodies by mortuaries and hospitals for debt claims traumatises the bereaved families and disrespects the departed,” Justice Sifuna noted. “It has been used to blackmail, embarrass, traumatise, and coerce grieving families into meeting monetary demands.”
He further observed that the law recognises no property rights over a dead body, reinforcing that dignity should prevail even in death.
The ruling is expected to significantly influence how medical facilities handle bill disputes across the country, setting a precedent that prioritises compassion and constitutional rights over financial claims.
KMPDC encouraged families facing such disputes to hold discussions with hospitals and agree on payment plans to ensure their loved ones can be released and accorded a timely burial.
