NAIROBI, Kenya – Parliament is considering sweeping legislation that would impose hefty fines and long prison terms on individuals involved in unauthorised removal or trade of human organs, in a move aimed at dismantling illegal harvesting networks and restoring public trust in Kenya’s transplantation system.
The Human Tissue and Organ Transplantation Bill, 2024, sponsored by Embakasi West MP Mark Mwenje, proposes penalties of up to Sh10 million or 10 years in jail for those found guilty of unlawfully removing human tissue.
It also seeks to outlaw the commercialisation of organ donation, with offenders facing fines of up to Sh5 million or five years in prison.
Appearing before the National Assembly Health Committee, Mwenje said the current legal framework is inadequate and has failed to deter exploitation of vulnerable people.
“The primary objective is to establish a robust legal framework that regulates donation and transplantation solely for therapeutic purposes,” he said. “What was done in 2022 has not been effective. This substantive law will seal the existing lacuna and protect vulnerable Kenyans.”
Creation of New Transplant Authority
The Bill proposes the establishment of the Kenya Tissue and Organ Transplantation Authority, which will regulate all transplantation services, register facilities, enforce ethical standards and ensure adherence to strict consent protocols.
Under the proposed law, organ donation would require written consent signed in the presence of at least two witnesses.
For minors, approval from the National Council for Children’s Services would be mandatory, and the procedure would only be allowed if it poses minimal risk.
Failure to follow consent procedures, conducting transplants outside approved facilities or operating without authorisation would attract various penalties under the Bill.
Mediheal Report Intensifies Calls for Regulation
The push for reform follows a damning 314-page report by the Independent Investigative Committee on Tissue and Organ Transplant Services, which recommended criminal charges against Dr Swarup Mishra, founder of Mediheal Hospital Group, over alleged involvement in an international organ trafficking syndicate.
The committee found irregularities in hundreds of transplant cases documented between 2018 and March 2025.
Out of 452 donors and 447 recipients analysed, 417 donors and 340 recipients were handled at Mediheal’s Eldoret facility. Nearly 39 per cent of recipients were of unknown nationality.
The 18-member taskforce also recommended investigations targeting four senior hospital officials for alleged unlawful kidney transplants and unethical medical practices.
Health CS Aden Duale, who received the report earlier this year, issued a stern warning to Mishra, saying he could lose his Kenyan citizenship, face deportation and have his facilities shut down if found guilty.
“If it means revoking that citizenship, we will. We will close your hospital and deport you,” Duale warned.
Mishra: Let the Law Take Its Course
Mishra has denied wrongdoing, saying he is ready to face prosecution if found culpable.
He said Mediheal has conducted 476 kidney transplants since 2018 — 371 for Kenyan patients and 105 for foreigners — at charges between Sh3.2 million and Sh4.5 million, significantly lower than overseas hospitals.
Meanwhile, the embattled former MP faces fresh trouble as auctioneers prepare to sell six prime properties in Eldoret on December 10 over loan arrears.
The assets include hospital buildings, residential developments and farmland, though a previous High Court order temporarily halted a similar sale.
Global Alarm Over Illegal Organ Trade
The United Nations and World Health Organisation have repeatedly warned that illicit organ markets are driven by organised crime and disproportionately target poor and vulnerable populations.
Kenya has made attempts to strengthen transplant oversight, including the establishment of the National Blood Transfusion Services and Human Organs Transplantation Unit in 2019.
Programme director Nduku Kilonzo said work is ongoing to reinforce ethical organ donation systems nationwide.
