Senate probes detention of new mothers in hospitals over unpaid bills

Senators have opened investigations into the growing reports of new mothers being unlawfully detained in public hospitals due to unpaid medical bills.

In a session on Tuesday, legislators expressed concern that the transition to the Social Health Authority (SHA) has created gaps in maternal healthcare, exposing women to unlawful confinement.

Tharaka Nithi Senator Mwenda Gataya has asked the Senate Standing Committee on Health to investigate why hospitals are holding mothers after childbirth and what the Ministry of Health is doing to stop the practice.

Gataya said the termination of the Linda Mama Programme, which previously offered free maternity services under the defunct National Health Insurance Fund (NHIF), has created a significant gap in access to maternal care. He noted that under the former programme, mothers were covered for antenatal services for nine months and postnatal care for three months, a benefit he argued had disappeared under the Social Health Authority.

“The programme offered comprehensive care, covering antenatal services for nine months and postnatal care for three months after delivery. However, with the recent transition to the Social Health Authority and the discontinuation of Linda Mama, access to maternal healthcare has significantly declined. This has led to a resurgence of cases where women are detained in public hospitals after childbirth due to the inability to settle medical bills,” he said.

His concerns mirror a series of recent incidents across the country that have sparked public outrage and raised questions over the implementation of SHA.

In early September this year, at least 27 mothers were unable to leave the Moi Teaching and Referral Hospital (MTRH) in Eldoret, due to outstanding bills.

Some of the women complained of harsh conditions, with one teenager, Abigail Chepkorir, highlighting the harsh environment they were forced to endure.

“We don’t even have Pampers or pads. We are really suffering. When we ask the social worker for help, they insult us and tell us we will remain here,” she told Citizen TV.

Hospital chief executive Philip Kirwa defended the facility, saying the detentions were not deliberate but linked to gaps in SHA registration and documentation.

He explained that teenage mothers without national identity cards are issued temporary documents to enable registration.

“For those who cannot pay, the credit committee reviews their cases,” Kirwa said, adding that several mothers had since been released.

In another incident, a viral video showed women allegedly being held at Thika Level 5 Hospital over unpaid maternity bills.

One of the mothers said, “We are suffering as mothers. We have children at home, yet we are stuck here two, even three months, because we cannot pay.”

Kenya Medical Association chair Simon Kigondu blamed the issue on public misinformation, saying, “Politicians tell Kenyans that hospital care is free. But if you haven’t paid your SHA premiums, your costs will not be covered.”

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However, Public Health Principal Secretary Mary Muthoni insisted that safeguards exist.

“If a patient has been referred and is unable to pay, the government has programs to support indigent mothers. Leaders, including MPs and counties, also have a responsibility to ensure such women are assisted,” she said.

Senator Gataya now wants the committee to detail the measures the Ministry of Health has put in place to stop unlawful detention and ensure no woman is denied either care or her freedom because of financial challenges.

He has also asked for clarification on whether the government plans to reinstate the Linda Mama Programme or introduce another comprehensive maternal healthcare package under the SHA.

The senator further asked the committee to examine whether current health budget allocations are sufficient for hospitals to offer quality services without resorting to detentions.

He also wants an update on efforts to establish a standardised waiver system to protect vulnerable women and ensure hospitals comply with ethical and legal standards on the right to health and dignity.

His push comes amid growing legal scrutiny, with courts previously ruling that detaining patients over unpaid bills violates constitutional rights.

Gataya said Parliament must step in “to ensure that no Kenyan woman is punished for giving life” as the country shifts to the new healthcare financing system.