A new legislative proposal, the Health (Amendment) Bill, 2024, is set to introduce stricter regulations aimed at enhancing accountability in Kenya’s healthcare sector. The Bill, currently under discussion in Parliament, proposes hefty penalties, including a fine of up to Sh1 million or a two-year prison term, for medical practitioners found guilty of negligence. If passed into law, this legislation will have far-reaching implications for doctors, nurses, and other medical staff in both public and private healthcare facilities.
Medical negligence has been a growing concern in Kenya, with numerous cases reported over the years. The proposed Bill seeks to address this issue by establishing clear penalties for healthcare professionals whose errors result in patient harm. Negligence in this context includes misdiagnosis, improper administration of medication, failure to monitor patients adequately, and botched surgical procedures.
According to the proposed law, any medical professional or staff member who, through negligent actions or omissions, causes harm to a patient will be liable to legal consequences. The penalties outlined include:
- A fine not exceeding Sh1 million.
- Imprisonment for a term not exceeding two years.
- Both the fine and imprisonment in severe cases.
The National Assembly’s Health Committee, which is spearheading the Bill, argues that these stringent measures will promote higher standards of medical care and deter reckless practices in hospitals.
Beyond addressing medical negligence, the Bill also introduces penalties for unauthorized disclosure of patient information. Confidentiality is a fundamental principle in healthcare, and breaches can have serious consequences for patients. Under the proposed amendments, any healthcare provider who releases sensitive medical data without authorization could face the same penalties as those guilty of negligence.
The law states:
“A person, staff, or agent of the facility who, by any act or omission in the performance of their duties, releases confidential information, publishes, or discloses it to an unauthorized person commits an offense and shall, upon conviction, be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years, or to both.”
This provision seeks to strengthen patient privacy rights, ensuring that personal health records remain protected from unauthorized access and exposure.
In addition to negligence and breaches of confidentiality, the Bill also outlines penalties for offenses related to intellectual property theft and misuse of official hospital seals. Any individual found guilty of these violations will be subjected to similar penalties—either a fine of Sh1 million, two years in jail, or both.
This aspect of the Bill aims to curb unethical practices within the medical profession, particularly concerning research institutions and specialized medical centers where intellectual property theft could have significant consequences.
The introduction of this Bill follows a rise in reported cases of medical negligence across the country. Recently, the Kenya Medical Practitioners and Dentists Union (KMPDU) revoked the practicing license of a medical practitioner accused of sexually assaulting a dialysis patient in Mombasa. Although the suspect was identified as a clinical officer rather than a licensed medical doctor, the incident highlighted loopholes in the current oversight of healthcare professionals.
Additionally, in 2021, Kenyatta National Hospital (KNH) was ordered to compensate the family of a patient who died due to alleged medical negligence. The hospital was directed to pay Sh200,000 in damages after the court found that the patient’s death resulted from professional misconduct.
These incidents, along with numerous others, have reinforced the need for stronger accountability measures in the healthcare system. The proposed Bill aims to ensure that those entrusted with patient care adhere to the highest professional standards.
If enacted, the Bill will place greater responsibility on healthcare professionals to exercise caution and diligence in their practice. While medical practitioners have expressed concerns over the potential for harsh penalties, supporters argue that the law will improve healthcare quality and restore public trust in medical institutions.
Currently, disciplinary action for malpractice is primarily handled by professional regulatory bodies, such as the KMPDU and the Nursing Council of Kenya. These organizations have the authority to revoke practicing licenses or impose administrative penalties. However, critics argue that these measures have not been sufficient in deterring negligence, making legal enforcement necessary.
The Health (Amendment) Bill, 2024, marks a significant step toward improving Kenya’s healthcare system by holding medical professionals accountable for their actions. By introducing strict penalties for negligence, patient data breaches, and other offenses, the Bill seeks to safeguard patient rights and enhance the quality of medical care. While some medical practitioners may see these measures as stringent, the ultimate goal is to protect patients and ensure a higher standard of healthcare services in the country.
As the Bill progresses through Parliament, it is expected to spark debate among stakeholders, including medical professionals, legal experts, and patient advocacy groups. The outcome of these discussions will determine how Kenya balances accountability with fairness in the healthcare sector.
