The Kenya Medical Practitioners and Dentists Council (KMPDC) has cautioned hospitals, mortuaries, and funeral homes against detaining bodies over unpaid medical bills, saying the practice is unlawful and violates the Constitution.
In an advisory issued on Tuesday, the Council said families have a constitutional right to dignity and a timely burial for their loved ones, a right that does not end at death.
KMPDC pointed to Article 28 of the Constitution, which guarantees dignity for every person, and argued that holding bodies over debt interferes with that right.
The regulator also cited Section 137 of the Penal Code, which makes it a criminal offence to prevent or delay a lawful burial without proper authority.
KMPDC backed its position with court rulings that have repeatedly declared the detention of bodies illegal. Notable cases include Mary Nyang’ayi Nyaigero & Another v Karen Hospital Limited (2016) and Ludindi Venant & Another v Pandya Memorial Hospital (1998), where judges held that bodies cannot be treated as property or used as leverage for debt recovery.
In both judgments, courts were clear: a body is not collateral. “It cannot be offered or held as security for payment of a debt. It cannot be auctioned if there is a default. It cannot be used to earn rental income in a cold room.”
While acknowledging that hospitals have a right to seek payment for services, KMPDC insisted this must be done legally. The Council urged facilities to work out payment arrangements with families instead of resorting to detention, which it said only causes additional trauma to people already grieving.
Families were also reminded to honour their financial obligations by cooperating with health facilities to settle outstanding bills.
KMPDC CEO Dr. David G. Kariuki said the goal is to protect bereaved families while ensuring hospitals recover their dues through lawful means. He added that detaining bodies undermines the values of dignity and compassion that Kenya aims to uphold.
