NAIROBI, Kenya – Kenya is moving to strengthen regulation of organ transplantation and crack down on the commercial trade in human organs, cells and tissues under a proposed law that could impose fines of up to Sh50 million and prison terms of up to 25 years.
The Kenya Blood, Cells, Tissues and Organs Bill, 2026, sponsored by the National Assembly Health Committee chaired by Seme MP James Nyikal, seeks to outlaw the sale, trafficking and other commercial dealings involving human organs and body tissues.
The proposed legislation would also target individuals who facilitate organ transactions, including those who recruit potential donors for payment, negotiate deals, advertise organs for sale or offer to supply organs in exchange for compensation.
The move comes after concerns over gaps in Kenya’s legal and regulatory framework governing organ transplantation, including allegations of irregularities in the recruitment of transplant patients.
Bill outlaws commercial sale of organs
The proposed law expressly prohibits the commercialisation of human organs, cells and tissues.
It states that a person who sells an organ or pair of organs as a living donor for financial or other compensation commits an offence.
The restrictions would also apply to intermediaries and other people involved in arranging transactions.
Anyone who seeks to find a person willing to supply an organ for payment, negotiates an organ transaction or advertises an organ, cell or tissue for sale would face prosecution under the proposed framework.
The bill further prohibits individuals from obtaining financial gain or another comparable advantage from the medical or scientific use of human body parts.
Sh50 million fine and 25 years in prison
The proposed penalties are intended to make the commercialisation of human body parts a serious criminal offence.
A person who receives money or another form of compensation for cells, tissues or organs outside the permitted reimbursement framework could face a fine of up to Sh50 million, imprisonment for up to 25 years, or both.
Similar penalties would apply to people who retrieve organs, cells or tissues without the required authorisation.
The proposed sanctions would therefore cover both those directly involved in organ sales and individuals who facilitate unauthorised retrieval or transplantation.
Donors allowed to recover legitimate expenses
The bill distinguishes between illegal commercial payments and legitimate costs incurred by people who donate organs.
Donors would be allowed to receive reimbursement for expenses directly related to the donation process.
These could include costs associated with transport, removal, preparation, preservation and storage of organs.
The framework would also allow compensation for loss of earnings directly attributable to the donation.
Medical examinations and legitimate medical or technical services associated with the procedure could similarly qualify for reimbursement.
However, the bill makes clear that such payments should not become a disguised form of commercial organ trading.
Recipients would also be required to report any compensation connected to a donation to the proposed regulatory authority.
Government proposes new transplant authority
The legislation proposes the establishment of the Kenya Blood and Transplant Authority (KBTA) to oversee and coordinate blood and transplant services.
The authority would take over functions currently performed under the National Blood Transfusion, Tissue and Human Organ Transplant Services framework.
KBTA would regulate donation, retrieval, allocation and transplantation while also enforcing restrictions against the commercialisation of human organs.
The authority would maintain national records covering donors, recipients, organ requests, offers and deliveries.
This would create a traceable chain from the identification of a potential donor to the eventual recipient.
National waiting list for transplant patients
One of the bill’s major proposals is the creation of a national waiting list for people requiring donated cells, tissues and organs.
The system is intended to create a central and transparent framework for determining which patients receive scarce donated organs.
KBTA would be responsible for maintaining the list and coordinating allocation.
The bill states that allocation should be fair and transparent and should not be influenced by politics, race, ethnicity, sex, religion or financial status.
The provision is aimed at preventing wealth, political influence or discrimination from determining access to scarce transplant organs.
KBTA would also keep records showing when organs are requested, offered and ultimately delivered.
International allocation allowed where necessary
Where no suitable recipient can be identified from the national waiting list, the authority could authorise an organ to be allocated to a recognised international transplantation programme with which Kenya has an agreement.
The bill would also establish controls governing the importation and exportation of cells, tissues and organs from internationally recognised transplant programmes.
The provisions are intended to ensure that donated organs are not unnecessarily wasted where no compatible recipient is available in Kenya.
Living donors to undergo strict screening
The proposed legislation would introduce tighter controls for living donors.
Potential donors would have to be entered into a national donor registry and undergo medical screening, including testing for transmissible diseases.
They would also be assessed to determine whether their cells, tissues or organs are suitable for transplantation.
For living donors who are not related to the recipient, prior authorisation from KBTA would be mandatory.
The authority would only approve such a donation where the donor has freely consented, and the procedure carries minimal risk and burden.
The measures are intended to protect vulnerable people from coercion, exploitation and financial inducement.
Stricter rules for deceased donors
The bill also establishes procedures for organ retrieval from deceased donors.
Retrieval facilities would be required to notify KBTA when a potential donor is identified and would not be permitted to remove organs, cells or tissues without the authority’s approval.
The legislation sets out procedures for establishing both brain death and circulatory death before organs can be retrieved.
Brain death would have to be confirmed by two independent teams of qualified health professionals, with the assessments conducted eight hours apart.
Unauthorised retrieval could attract a fine of up to Sh50 million, a prison sentence of up to 25 years, or both.
Organ harvesting concerns exposed regulatory gaps
The push for the legislation gained momentum in 2025 after the Ministry of Health suspended kidney transplant procedures at a hospital in Eldoret following allegations of organ harvesting and irregular patient recruitment.
Although a subsequent parliamentary investigation cleared the facility of the allegations, the inquiry highlighted gaps in Kenya’s legal and regulatory framework governing organ transplantation.
The proposed legislation seeks to close those gaps by establishing clear rules covering donor recruitment, consent, organ retrieval, allocation, transplantation and oversight.
Appeals tribunal proposed
The bill also proposes the creation of a Blood and Transplant Appeals Tribunal.
The tribunal would hear appeals arising from decisions on registration and licensing as well as unresolved complaints involving the proposed authority.
The structure is intended to provide a formal avenue for challenging regulatory decisions and resolving disputes within the transplant sector.
Bill seeks to build public confidence in transplants
Beyond criminalising organ trafficking, the proposed law seeks to establish a comprehensive system governing Kenya’s transplant sector.
By centralising donor and recipient records, establishing a national waiting list and regulating the movement and allocation of organs, the government aims to improve transparency and accountability.
The proposed framework would also strengthen protections for donors while ensuring patients waiting for transplants are allocated organs through a system based on medical and other lawful criteria rather than wealth or political influence
