You can be jailed 10 years for selling your kidney

The only exception is reimbursement for reasonable costs incurred, such as transport and medical expenses.

by STAR REPORTER

Health18 April 2025 - 13:02

In Summary

The law is designed to prevent vulnerable people from being coerced into selling their organs due to poverty or desperation, and to stop any form of trafficking in body parts.

In Kenya, selling your kidney or any other human organ is strictly prohibited under Part XI of the Health Act No. 21 of 2017.

This part of the law comprehensively addresses the regulation of human organs, blood, tissues, and gametes (such as sperm or egg).

The legislation was established to protect human dignity, prevent exploitation, and ensure that organ donation is carried out ethically and safely. Importantly, the Act also sets heavy penalties for any violations.

The Health Act clearly prohibits any form of commercialisation of human organs and tissues. It states that a person shall not sell, offer to sell, or receive any financial or other reward for the donation of a human organ, blood, blood products, tissue, or gametes.

The only exception is reimbursement for reasonable costs incurred during the donation process – such as travel and medical expenses – but not the organ itself.

Anyone who sells or attempts to sell their organ, or buys or attempts to buy one, commits an offence. The law is designed to prevent vulnerable people from being coerced into selling their organs due to poverty or desperation, and to stop any form of trafficking in body parts.

The Health Act includes stiff criminal penalties for violations under this section:

It says anyone who contravenes the provisions on the prohibition of trading in human organs is liable, upon conviction, to a fine not exceeding Sh10 million or to imprisonment for a term not exceeding 10 years, or to both.

If the offender is a healthcare provider or a facility, they may also have their license revoked or face additional regulatory penalties, including being disqualified from practice.

Performing a transplant without proper consent or in unauthorised facilities is also an offence, and offenders are subject to the same level of penalties.

How legal organ donation works in Kenya

However, organ donation is legal and encouraged under “tightly regulated and ethical” conditions.

A living person can donate an organ (commonly a kidney) only if they provide informed and written consent. The donor must be a close relative or have a close emotional connection to the recipient (such as spouse), and both parties must undergo medical and psychological evaluations.

In the case of posthumous donations, a person can state in their will that their organs may be used after death for therapeutic or educational purposes. If there is no written will, a relative or legal representative may give written consent, but again, no payment can be involved.

The body must also be under proper medical care at the time of death to ensure the organs are viable and safe for transplantation.

The Act also allows a donor to revoke their consent at any time before the donation takes place, and this revocation must be respected without question.

All organ transplant procedures must be carried out in licensed health facilities, and must adhere to the guidelines provided by the Ministry of Health. There are strict regulations about documentation, matching, consent, and record-keeping to ensure the process is ethical, transparent, and safe.