Kenya is considering tougher penalties for human organ trafficking, with people involved in the illegal trade facing fines of up to Sh50 million or imprisonment of up to 25 years under proposed legislation.
The Kenya Blood, Cells, Tissues and Organs Bill, 2026, seeks to criminalise the sale, purchase and commercial trafficking of human organs, cells and tissues.
The proposed law also targets brokers and intermediaries who arrange organ transactions, negotiate deals or advertise human body parts for financial gain.
The Bill was among the issues discussed during public hearings by the National Assembly Departmental Committee on Health on Friday, November 6, as Parliament considered reforms to Kenya’s blood donation and organ transplantation systems.
The committee is chaired by Seme MP James Nyikal.
Under the proposed legislation, people who sell organs from living donors or receive payments beyond permitted donation-related reimbursements could face fines of up to Sh50 million, imprisonment of up to 25 years, or both.
The Bill distinguishes illegal organ sales from legitimate reimbursement of expenses incurred by donors, including transport, medical examinations and loss of earnings directly linked to donation.
It also proposes establishing the Kenya Blood and Transplant Authority (KBTA) to regulate blood transfusion, organ retrieval and transplantation services.
Hospitals conducting transplants involving living donors who are not related to recipients would require prior approval from the authority. Carrying out such procedures without authorisation could attract a fine of between Sh20 million and Sh50 million, imprisonment of up to 10 years, or both.
The proposed authority would also maintain a national waiting list for patients requiring donated organs and oversee their allocation through a fair and transparent system.
The Bill states that organ allocation should not be influenced by a patient’s political connections, race, ethnicity, sex, religion or financial status.
Health and security sector stakeholders, including representatives of the Council of Governors, the Office of the Director of Public Prosecutions, the Kenya Medical Research Institute and medical associations, presented submissions during the November 6 hearings.
The proposed law follows concerns raised over the regulation of kidney transplantation in Kenya, including allegations of irregularities involving a private hospital in Eldoret. A parliamentary inquiry in April 2026 reported finding no evidence of malpractice or ethical violations at the facility and recommended lifting sanctions.
The legislation aims to establish a unified regulatory framework for blood, cells, tissues and organ donation and transplantation.
The Bill is still under parliamentary consideration and has not become law.
