Kenya's Health Act 2017 guarantees patients' rights: informed consent before treatment, emergency care without prior payment, medical confidentiality, and prohibition of detaining patients for unpaid bills.
The Health Act, 2017 (No. 21 of 2017) is the principal legislation governing the health system and patients' rights in Kenya. Key patient rights: **Informed consent (ss. 9–10)**: Every patient has the right to receive adequate information about their condition, diagnosis, treatment options, benefits and risks, before consenting to treatment. Treatment without informed consent is unlawful. **Emergency treatment (s. 104)**: No health facility shall deny a person emergency treatment on the grounds that the person is unable to pay. Emergency treatment must be provided immediately and payment arrangements may be made after stabilisation. **No detention for unpaid bills (s. 106)**: A health facility shall not detain a discharged patient because they have not paid for services rendered. Detaining a patient for non-payment is unlawful. **Medical confidentiality (s. 119)**: A health care provider shall not disclose information obtained in the course of their professional relationship with a patient to any person without the patient's consent, except as required by law. **Mental health rights**: The Mental Health Act (Cap. 248) and the Mental Health (Amendment) Act 2022 set out the rights of persons with mental illness, including the right to be treated with dignity and the requirement for involuntary admission only on medical certification.
A patient is brought unconscious to a public hospital. Staff demand M-Pesa payment before treating her. Under section 104 of the Health Act 2017, the hospital must provide emergency treatment immediately — demanding payment before emergency care is a violation of the law.
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