New Bill proposes Sh50 million fine for hospitals failing on patient safety
The proposed laws come amidst reports of illegal organ harvesting by certain health facilities that are facing government ban and scrutiny.
Hospitals and other health facilities will be forced to improve their safety and quality care to standards that are recommended by the Ministry of Health to avoid tougher penalties proposed in a new Bill currently before Members of Parliament.
The National Assembly, through its Clerk, Samuel Njoroge, called on Kenyans to give out their views on the Quality Healthcare and Patient Safety Bill (National Assembly Bill No. 41 of 2025) via a notice placed in one of the leading dailies on Monday.
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In the Bill, health facilities that fail to implement measures to ensure patient safety and quality care face fines of up to Sh50 million.
“The Principal object of the Bill is to establish a comprehensive legal framework to promote the improvement of the quality of healthcare in Kenya by establishing standards, accreditation mechanisms and ensuring the protection and promotion of business rights,” notes the Bill.
The Bill goes ahead to aver that it institutionalises quality healthcare standards, accreditation mechanisms, and patient rights in Kenya for purposes of improving health outcomes, enhancing accountability in health systems and aligning the existing frameworks with global best practices.
“Part 2 (clauses 7 to 25) outlines the rights of patients who seek healthcare services from a health facility. These rights are to be read with those provided for under the Health Care Act, Cap. 241. The rights include right to safe and quality care, right to timely and effective care, right to safe and accessible health facilities, right to safe processes and practices, right to care by a qualified health professional, right to dignity and equity, right to information and decision making, right to be heard and right to safe and quality health products and technologies,” notes the Bill in its memorandum of objects and reasons.
The clerk, in the notice, has directed that the memoranda be forwarded to his office either through snail mail or email of the National Assembly, P.O. Box 41842-00100 or on or before Friday, September 5, 2025, at 5:00 pm.
The Bill is among the efforts by the Ministry of Health to curb rogue health facilities preying on desperate Kenyans in need of healthcare services.
The proposed laws come amidst reports of illegal organ harvesting by certain health facilities that are facing government ban and scrutiny. The laws seem to be aligned with the proposed Human Tissue and Organ Transplantation Bill, 2024, introduced by MP Mark Muriithi Mwenje from Embakasi West.
The Bill seeks to regulate the transplantation of human organs and tissues, aiming to save lives through increased organ availability while also tackling the illegal trade in body parts. The legislation would permit individuals to decide if their organs could be harvested after death, or if not, allow close relatives to give consent, thereby potentially increasing the supply of organs for those in dire medical need.
However, the Bill has not been without its detractors. Critics argue that Kenya has already become a hub for human body part trafficking, pointing to recent high-profile cases like the Shakahola cult, where organ harvesting is suspected to have occurred, among other atrocities.
These critics fear that the new law, instead of curbing illegal activities, might inadvertently facilitate them by possibly providing a legal cover for illicit organ harvesting under the guise of regulated medical procedures.
The proposed legislation comes with strict regulations to ensure ethical practices, including severe penalties for violations, with fines up to Sh10 million or imprisonment for up to 10 years.
It also outlines who can provide consent in the absence of the deceased’s wishes, prioritising family members like spouses, parents, or the eldest child. Despite these safeguards, the debate continues about how effectively the Bill can be implemented to prevent exploitation, given the backdrop of Kenya’s recent history with organ trafficking concerns.
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