Kenya’s top medical regulator has issued a sharp warning to hospitals and funeral homes, saying they must stop detaining bodies over unpaid bills — a practice the High Court has already ruled unlawful.
In a notice released on Tuesday, 18 November, the Kenya Medical Practitioners and Dentists Council (KMPDC) said holding bodies as financial collateral is not only prohibited but also breaches fundamental rights protected under the Constitution.
The Council urged hospitals, mortuaries and funeral homes to work with grieving families to create payment plans instead of withholding bodies until debts are cleared.
“The law does not permit them to detain a deceased person’s body as collateral for unpaid bills,” the KMPDC said. “Such actions breach constitutional rights and amount to a criminal offence.”
The Council pointed to Section 137 of the Penal Code, which makes it a criminal act to obstruct or delay a burial without lawful authority.
A Practice Deemed Illegal by the Courts
The advisory comes one month after a landmark High Court decision that declared the detention of bodies over hospital debt unconstitutional. Justice Nixon Sifuna, delivering the ruling, said the practice violated human dignity and placed families under emotional distress.
The judge was ruling in a case where a leading Nairobi hospital was ordered to release the body of a woman that had been held for more than two months over an unpaid bill of KSh 3.3 million.
“The detention of bodies for debt claims traumatises the bereaved families and disrespects the departed,” Justice Sifuna said. He added that the practice amounted to “blackmail, embarrassment, and coercion.”
The judgment also reaffirmed a long-standing legal principle: there is no property in a dead body, meaning it cannot be held as collateral for any form of debt.
Legal analysts say the ruling has set a binding precedent with far-reaching consequences for both public and private hospitals. Many believe it will force facilities to rethink long-standing billing practices that have often left families trapped in cycles of grief and debt.
Hospitals Still Entitled to Payment — But Not to Detain Bodies
In its notice, the KMPDC made clear that while health facilities are fully entitled to recover costs for treatment and care, they must do so within the confines of the law. Detaining bodies is not an option.
“Hospitals and mortuaries… are advised to engage the families of deceased persons in payment plans or other alternative arrangements,” the Council said.
The regulator encouraged families to cooperate with medical facilities to agree on reasonable settlement plans, helping ensure the timely release of bodies for burial.
A Shift Toward Dignity in Death
For years, many Kenyan families have complained of feeling trapped — unable to lay loved ones to rest because of high hospital bills. Human rights groups and legal advocates have long argued that the practice strips dignity from both the deceased and their families.
The High Court’s ruling, coupled with the latest KMPDC advisory, is now being seen as a turning point.
Health law experts say the directive signals a clear message: financial disputes cannot override constitutional rights, especially at such a vulnerable moment for families.
The debate is far from over. Several hospitals have previously argued that unpaid bills pose significant financial burdens. But regulators and the courts appear firm that dignity must come first.