What usually happens
The counter, not the law, is where people are stopped: “no ID”, “no money”, “come with a parent”. Emergency care cannot be refused for any of those reasons. Ask for the facility in-charge by name and get the refusal in writing.
The law that protects you
- Constitution, Art. 43(1)(a)
- Everyone has a right to the highest attainable standard of health, including reproductive health care.
- Constitution, Art. 43(2)
- No one may be refused emergency medical treatment.
- Health Act, 2017
- Sets out the State's duty to provide free emergency and maternal care in public facilities, and protects your right to decide on your own treatment.
- HIV and AIDS Prevention and Control Act, 2006
- From age 15 you can consent to HIV testing and counselling, and your result is confidential.
What you can do
- 1.
Go to the nearest public facility. A health centre or county hospital can handle almost everything.
- 2.
Ask for youth-friendly or adolescent services, and ask to be seen privately if the queue is crowded.
- 3.
If treatment is refused, ask for the facility in-charge and for the reason in writing, then call the county health office.
- 4.
Keep every card, receipt and discharge note. They prove what care you received if you need to complain.
If you are refused
If you are turned away for lacking an ID, for being under 18, or for having no money, say clearly: emergency treatment cannot be refused under Article 43(2) of the Constitution. Ask for the in-charge's name and the reason in writing, then report to the county health office and the Kenya National Commission on Human Rights.