Kenya is considering introducing fines of up to KSh50 million and prison sentences of 25 years for individuals involved in the illegal sale and trafficking of human organs.
The proposed Blood, Cells, Tissues and Organs Bill, 2026, seeks to strengthen regulation of organ transplantation, criminalise commercial organ trading and protect vulnerable individuals from exploitation.
Under the proposed legislation, selling or purchasing human organs, recruiting individuals to donate organs in exchange for payment and facilitating financial transactions between donors and recipients would constitute criminal offences.
The restrictions would also extend to individuals or organisations advertising paid organ donation opportunities, as well as those involved in unauthorised organ removal, whether conducted within or outside medical facilities.
However, the Bill distinguishes illegal organ trading from legitimate compensation for expenses incurred during the donation process. Such expenses may include transport, organ removal, preparation, preservation and storage, as well as certain related costs and lost earnings directly resulting from donation.
Dr Philip Cheptinga, Chief Nephrologist and Head of Transplantation at Moi Teaching and Referral Hospital, welcomed the proposed legislation, describing it as 90 per cent excellent while warning that the remaining gaps could have serious consequences for patients and donors.
He maintained that although the Bill provided a strong foundation for regulating transplantation, further improvements were necessary to guarantee safety and protect human lives.
The Council of Governors has also endorsed the proposed legislation, arguing that Kenya needs a stronger regulatory framework to improve oversight, coordination, quality assurance and equitable access to blood transfusion and organ transplantation services.
Representing the council, Dr Mutakha Kangu said the legislation would establish a foundation for ethical management of the sector while introducing stronger protections for patients and organ donors.
The proposed law also seeks to criminalise coercion in organ donation and requires proper consent and authorisation before human cells, tissues or organs can be removed for transplantation.
It further limits transplantation procedures to cases where they provide therapeutic benefits and no comparable alternative treatment is available.
To strengthen oversight, the Bill proposes establishing the Kenya Blood and Transplant Authority, which would be responsible for licensing and registering blood banks, transplantation facilities and organ retrieval centres.
The authority would also coordinate the donation, retrieval and allocation of human organs, cells and tissues.
Under the proposed framework, authorised inspectors would be empowered to access and inspect medical facilities and investigate suspected cases of illegal organ trading, unauthorised organ removal and the operation of unregistered transplantation services.
Additionally, the legislation proposes creating national registers and a waiting list for patients requiring transplants.
Organ allocation would be guided by fairness and transparency, with decisions prohibited from being influenced by a patient’s political affiliation, ethnicity, religion or financial standing.
The proposed legislation follows years of growing concerns over the commercialisation of kidney transplantation in Kenya, including allegations that economically vulnerable young men in western Kenya were recruited to sell their kidneys to foreign recipients.
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During a parliamentary debate in November 2024, attention was drawn to the case of 22-year-old Amon Kipruto Melly, whose mother alleged that he had been promised KSh600,000 in exchange for a kidney that was subsequently removed at Mediheal Hospital in Eldoret.
The concerns attracted further international attention in April 2025 after an investigation by German media outlets documented accounts from alleged kidney sellers in Oyugis and uncovered suspected recruitment networks linking Kenyan donors to foreign recipients.
Following the revelations, Health Cabinet Secretary Aden Duale suspended kidney transplantation services at Mediheal Hospital and appointed an independent committee to investigate the facility’s transplant practices.
The committee subsequently assessed 33 hospitals and identified concerns relating to payments to donors, consent procedures, medical documentation and the verification of donor identities.
