Patient Rights and Privacy in Kenya

Legal Framework for Health Care Services Provision in Kenya

The rights of patients in Kenya are protected by various laws and regulations, including the Constitution of Kenya, 2010, the Kenya Health Act 2017, and the Kenya National Patient’s Rights Charter, 2013. Understanding your rights as a patient will help in accessing better health care or reporting incidents of professional misconduct. These rights ensure that individuals receive quality healthcare services. In this article, we will explore the patient rights framework in Kenya and provide a comprehensive guide to empower patients to assert their rights effectively.

 

Patient Rights

• Right to Access Health Care Services

Health care is the improvement of health through prevention, diagnosis, and treatment of disease, illness, and injury. According to Section 43 (1) (a) of the Constitution of Kenya, 2010, every person has the right to the highest attainable standard of health, which includes the right to health care services, including reproductive health care. Therefore, every individual in Kenya has the right to access health care services without discrimination or limitation based on factors such as ethnicity, gender, religion, or socioeconomic status.

• Right to Receive Emergency Treatment

Section 2 of the Health Act, 2017, defines emergency treatment as necessary immediate health care that must be administered to prevent death or the worsening of a medical situation. Every person has a right to emergency treatment regardless of their ability to pay. This right is enshrined under Section 7 of the Health Act, 2017, and includes pre-hospital care, stabilizing the health status of the individual, or arranging for referral in cases where the health provider of first call does not have facilities or capability to stabilize the health status of the victim. Failure to provide emergency medical treatment when able to do so is an offense, liable to a fine not exceeding KShs. 3,000,000 upon conviction.

• Right to Informed Consent

Patients have a right to be informed about their medical condition, treatment options, risks, and benefits, and to make decisions based on this information. Healthcare providers must offer accurate information in a timely manner to enable patients to make informed decisions. Even in life-threatening conditions, a healthcare provider is required to obtain consent before proceeding with treatment, especially specialized treatment. This is outlined under Section 9 of the Health Act, 2017.

 

Case Study: Landmark Legal Decisions

In Okiya Omtatah Okoiti v The Attorney General & 5 others (2018) eKLR, the constitutional right to healthcare and the government’s obligation to provide essential healthcare services were addressed. The petitioner argued that the government’s failure to provide adequate healthcare services, including the lack of essential drugs in public hospitals, violated citizens’ constitutional right to health. The court ordered the government to allocate sufficient resources to the healthcare sector to ensure the availability of essential drugs and services in public health facilities and to implement policies aimed at improving healthcare delivery, including addressing the shortage of medical personnel and infrastructure in public hospitals. This judgment highlighted the government’s duty to prioritize the right to health and take proactive measures to ensure all citizens have access to quality healthcare services.

 

Patient Privacy

The main legislation governing the privacy of patients in Kenya is the Healthcare Act of 2017. Adherence to patient privacy laws is essential for maintaining trust between patients and healthcare providers and safeguarding sensitive personal information.

• Health Information Management

Healthcare facilities in Kenya are required to establish robust systems for managing health information securely, including maintaining electronic health records (EHRs) and paper-based records in a manner that prevents unauthorized access or disclosure.

• Consent and Disclosure

Patient consent is typically required before disclosing their health information to third parties, except in certain circumstances permitted by law, such as when required by court order.

• Data Security

Healthcare facilities should implement measures to protect patient health information from unauthorized access. This includes regularly updating security protocols to address emerging threats.

 

Challenges in Maintaining Patient Privacy

• Technology Adoption

While EHRs improve efficiency and accessibility of patient information, the adoption of technology in healthcare settings introduces new challenges for data security and privacy. Healthcare facilities may lack the necessary expertise or resources to implement and maintain secure EHR systems effectively.

• Human Error

Despite technological safeguards, human error may lead to breaches of patient privacy, such as mishandling patient information by leaving records unattended or sharing sensitive information with unauthorized individuals.

• Legal and Regulatory Enforcement

Enforcement mechanisms for privacy laws and regulations in Kenya may be inadequate or inconsistently applied, meaning healthcare facilities may not face significant consequences for non-compliance.

By addressing these challenges and implementing proactive measures to strengthen privacy protection, Kenya will improve adherence to privacy laws and safeguard information in the healthcare sector.

 

Conclusion

Patient rights are human rights enshrined to respect, protect, and fulfill a person’s dignity in healthcare provision. Patients who are aware of their legal rights tend to have fewer communication problems with their doctors, are more active in decision-making about their treatment, and are more satisfied with their medical care. A governmental or private institution patient charter will lead to organized advocacy for better enforcement of patient rights through the political and legal systems, protecting and promoting the interests of present and future patients.

Adherence to privacy laws in Kenya is crucial for upholding patient rights, maintaining the integrity of healthcare services, and fostering trust between patients and healthcare providers.

B M Musau and Company, Advocates LLP, a leading legal firm in Kenya, will continue to monitor developments surrounding patient rights and privacy, the legal framework, and provide expert legal advice to stakeholders in the healthcare sector as requested. For further inquiries or legal assistance on patient rights and privacy, please do not hesitate to contact our firm. You may also visit our website to learn more about our services.

Contact Information:

B M Musau and Company, Advocates LLP

Email address: info@bmmusau.co.ke

Website: https://www.bmmusau.com/