Details of human organ donation bill, what it means for Kenyans

In a move to revolutionise organ donation practices in Kenya, a new Bill, the Human Tissue and Organ Transplantation Bill, 2024, has been introduced in the National Assembly.

Sponsored by Mark Muriithi Mwenje, the Member of Parliament for Embakasi West, the Bill seeks to establish a legal framework for the donation of human tissues and organs, including a provision for individuals to donate their organs after death.

Transforming organ donation in Kenya

The bill proposes granting individuals the right to decide if their organs and tissues can be used for transplantation or research after death.

It also allows family members, such as spouses, parents, or the eldest child, to consent to organ donation on behalf of deceased persons.

If passed, the legislation will replace the Kenya Tissue and Transplant Authority with a new body, the Kenya Tissue and Organ Transplantation Authority.

This authority will oversee all transplantation services, including registering and licensing facilities, managing transfusion systems, and regulating quality standards.

Addressing organ trafficking

Mwenje emphasised that the bill aims to curb the illegal trade of organs while ensuring high standards of care in transplantation.

Speaking before the Budget and Appropriations Committee, he highlighted cases of malpractice, particularly in morgues, where morticians reportedly earn illicit income through organ harvesting.

He cited instances from Mama Lucy Kibaki Hospital in Embakasi, where employees were dismissed for alleged involvement in such activities.

Organ donation landscape in Kenya

Under the Kenyan Health Act of 2017, kidney donations are permitted for relatives or scientific purposes, following strict guidelines. However, the country faces significant challenges in organ transplantation.

According to the Ministry of Health, Kenya has approximately five million people with chronic kidney disease. Yet, only seven centers, mainly in Nairobi and Eldoret, perform kidney transplants.

According to a report by The Star on March 2024, the Kenya Renal Association reported a shortage of trained personnel, with only 41 adult nephrologists, five paediatric nephrologists, and 260 renal nurses, most of whom lack transplantation training.

In 2021, only 160 kidney transplants were conducted, translating to a transplant conversion rate of 2.8%, far below the global average of 10%.

Cultural and ethical implications

While the bill has garnered support from MPs such as Naisula Lesuda (Samburu West) and Mary Emase (Teso South), it raises cultural and ethical questions.

Many Kenyans treat the deceased with reverence, guided by beliefs in resurrection and traditional customs. These cultural attitudes could challenge the acceptance of organ donation.

As the bill progresses through the legislative process, it remains to be seen how it will be received by the Kenyan public and whether it will ultimately meet its objectives