In Kenya, selling your kidney—or any human organ—is illegal and carries severe consequences, including up to 10 years in prison or a fine of up to Ksh.10 million. This strict prohibition is outlined in Part XI of the Health Act No. 21 of 2017, which governs the donation and use of human organs, blood, tissues, and reproductive cells.
The law was enacted to protect individuals from exploitation and to ensure that organ donation is conducted in a safe, ethical, and voluntary manner. It seeks to prevent vulnerable people from being pressured into selling their organs due to poverty or desperation, and to combat any form of organ trafficking.
According to the Health Act, no one is allowed to sell, offer to sell, or receive money or any other form of compensation in exchange for human organs or tissues. The only permitted exception is reimbursement for reasonable, documented expenses related to the donation process—such as transport or medical costs—but not for the organ itself.
Violating this law by buying or selling organs is a serious criminal offence. In addition to the stiff penalties for individuals, healthcare professionals or facilities found guilty may face license revocation or permanent disqualification from practice. Conducting transplants without proper consent or in unauthorized facilities also attracts similar penalties.
How Legal Organ Donation Works in Kenya
Despite the ban on commercial organ trade, legal organ donation is encouraged—under strict conditions.
Living donations, such as kidneys, are only allowed if the donor gives informed, written consent. The donor must either be a close relative or someone with a strong emotional bond to the recipient, such as a spouse. Both the donor and recipient must also go through thorough medical and psychological evaluations to confirm suitability.
For deceased donations, a person can authorize the use of their organs in a written will. In the absence of such a document, a close relative or legal representative can provide written consent, provided no form of payment is involved. Additionally, the body must have been under medical care at the time of death to ensure the viability of organs.
Importantly, a living donor has the right to withdraw consent at any time before the procedure, and their decision must be respected.
All transplants must take place in Ministry of Health-approved facilities and follow strict regulations covering consent, documentation, organ matching, and record-keeping to ensure transparency and patient safety.
While Kenya’s organ donation laws aim to protect donors and recipients alike, enforcement of these regulations remains a challenge, leaving room for illegal organ trade to persist. Nonetheless, the legal framework is clear: organ donation must be ethical, voluntary, and never commercialized.
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