Parliament has been warned that Kenya’s existing legal framework on organ transplantation is outdated and ill-suited to tackle the rising cases of alleged malpractice and unethical practices in kidney transplants.
Appearing before the Departmental Committee on Health, which is conducting an inquiry into the alleged malpractice and ethical breaches in kidney transplant services at Mediheal Group of Hospitals on Friday, September 5, 2025, Benjamin Mwathi, Uasin Gishu police County Commander, noted that the Ministry of Health currently relies on a policy governing tissue and organ transplants, which lacks firm legal backing.
“What is happening now is that the Ministry of Health is operating on a policy that is not anchored in law, as far as kidney transplants are concerned. This leaves serious gaps that can lead to exploitation,” Mwathi told the committee.
According to the police boss, Kenya’s Health Act makes provisions for organ transplantation, but issues of organ trafficking fall under the Counter-Trafficking in Persons Act, which treats the matter as exploitation.
Why it’s hard to prosecute kidney transplant case in Kenya
The law, he said, however, defines exploitation in narrow terms such as the use of force, coercion, deception, or abuse of power making it difficult to apply to cases of organ commercialisation and so-called “organ tourism.”
“The law is not flexible enough to deal with these emerging challenges,” the police commander said, adding that the Penal Code’s Section 167, which touches on disease-related provisions, has also been overtaken by events.
The committee chaired by Seme MP Dr. James Nyikal was urged to spearhead the drafting of new legislation tailored to organ transplantation, particularly to address gaps that hinder the prosecution of unethical practices in hospitals.
“Most of the cases collapse in court because of evidentiary challenges. There is a need for a clear and updated law to safeguard patients and prevent exploitation,” the police commander advised.
The revelations come amid a parliamentary inquiry into alleged malpractice and illegal organ harvesting in Kenyan hospitals, with MPs pressing for tighter regulation and accountability in the health sector.
The Police chief noted that if the committee they could engage the parliamentary legal and research team to develop legislation that would strengthen transparent and traffic processes, it would be helpful.
“This is because, in most cases, once a matter is taken to court, the issue of admissibility and sufficiency of evidence always arises,” he noted.
