Nairobi Senator Edwin Sifuna has questioned the government’s claim that the Social Health Authority (SHA) is now operating seamlessly nationwide, guaranteeing Kenyans free medical coverage.
Speaking on the Senate floor on Tuesday during the Health (Amendment) Bill, 2025 debate, Sifuna asked why the Ministry of Health opposed criminalising the detention of patients and corpses over unpaid medical bills if SHA was functioning as intended.
“Where are these unpaid medical bills coming from if SHA is working? These bills should have been settled by SHA,” he said.
“You are detaining mothers because of unpaid bills; where are those unpaid bills coming from?” he added.
The Health (Amendment) Bill, 2025, proposes criminalising the detention of patients and bodies by private and public institutions over unpaid medical bills.
The Ministry of Health and private facilities have opposed the proposal. The ministry argued that non-payment of fees should be handled administratively and noted that hospital and mortuary services are already covered under tariffs set by SHA.
However, the ministry clarified that charges may still be applied according to an institution’s approved rates.
“Charging for these services cannot, therefore, be criminalised,” the ministry said.
A committee chaired by Jackson Mandago rejected the ministry’s argument, noting that the Bill seeks to criminalise the act of detaining a patient or body for non-payment, not the charging of fees.
The committee also cited a High Court ruling that outlawed such detentions.
Supporting the committee’s decision, Sifuna referred to President William Ruto’s directive that any health facility charging fees for services covered by SHA should be reported to the police.
“According to the government, medical care is free in this country,” he said.
President Ruto has instructed Kenyans to report both public and private hospitals that charge fees for services included under SHA, which covers outpatient care for common illnesses and comprehensive maternal health services.
Since October 2024, SHA has reportedly paid Sh56.4 billion—Sh49.7 billion from the Social Health Insurance Fund and Sh6.7 billion under the Primary Healthcare Fund.
Sifuna argued that the ministry cannot override a presidential directive. He suggested that citizens experiencing challenges with unpaid medical bills contact State House for resolution.
“If this system is working, the President should not have to instruct Kenyans to report these cases. If you cannot pay hospital bills, call State House,” he said.
by EMMANUEL WANJALA
