Illegal organ transplants will attract jail terms and fines of up to Sh50million, if Parliament approves a proposed law aimed at curbing unethical practices.

The Kenya Blood, Cells, Tissues and Organs Bill, 2026, tabled by James Nyikal, chairperson of the National Assembly Departmental Committee on Health, proposes the creation of the Kenya Blood and Transplant Authority, which would replace Kenya Tissue and Transplant Authority, taking over regulation of blood, cell, tissue, and organ services.

Under the bill, hospitals would require case-by-case approval from the Authority before carrying out transplants involving living, non-related donors, in addition to being licensed to offer transplant services.

“A person who transplants cells, tissues, or organs from a living donor without the prior authorisation of the Authority commits an offence and is liable, upon conviction, to a fine of between Sh20 and Sh50 million, or to imprisonment for a term of up to ten years, or both,” the Bill states.

The proposed approval system requires a prospective donor to notify the Authority within seven days of informing the transplant facility.

The Authority will have 7 days to respond.

These changes would affect hospitals offering kidney and other living-donor transplant services, including public and private facilities.

Offenders convicted of organ trafficking or selling organs would face tougher penalties, including a fine of up to Sh50 million, imprisonment for up to 25 years, or both. Currently, the maximum penalty for illegal organ trafficking is Sh10 million or 10 years in prison.

The Bill comes months after the Health Ministry was embroiled in a row with Eldoret-based Mediheal Hospital over claims of organ trafficking.

However, in April, Dr Nyikal 's committee found no evidence of malpractice or ethical violations at Mediheal and recommended that sanctions against the hospital and two other Eldoret facilities be lifted.

However, a parliamentary health committee chaired by Dr Nyikal found no evidence of malpractice or ethical violations at Mediheal.

“A person who receives any monetary or other form of compensation for cells, tissues or organs, other than reimbursement of donation-related expenses, commits an offence and is liable, upon conviction, to a fine not exceeding Sh50 million, imprisonment not exceeding twenty-five years, or both,” the Bill states.

“A person who sells one or a pair of organs from a living donor for financial or any other form of compensation commits an offence and is liable, upon conviction, to a fine not exceeding Sh50 million, imprisonment not exceeding twenty-five years, or both.”

The proposed law would also introduce licensing for the import and export of blood and blood components, with breaches attracting a fine of up to Sh1 million or three years in jail.

Private blood collection and processing centres would be required to register with the new Authority within six months of the law taking effect, and full implementation of the legislation is expected within one year.

The Bill comes months after the Health Ministry was embroiled in a row with a private hospital in Eldoret, Mediheal Hospital over claims of organ trafficking.

The claims prompted the Health Ministry to suspend kidney transplant services at hospitals in Eldoret and appoint an independent committee to investigate the allegations. A government taskforce later recommended investigating and prosecuting former Kesses MP and Mediheal chairman Swarup Mishra, as well as three senior doctors, for their suspected involvement in illegal transplants.

→owoko@ke.nationmedia.com

Follow our WhatsApp channel for the latest business and markets updates.