Selling Organs in Kenya is Illegal—and Could Cost You a Decade Behind Bars
Selling your kidney or any human organ in Kenya is not just illegal—it could earn you a 10-year prison sentence or a hefty fine of up to Ksh10 million. According to the Health Act No. 21 of 2017, any form of commercial transaction involving human organs, tissues, or gametes is strictly prohibited, as the country strengthens its stance against exploitation and organ trafficking.
Under Part XI of the Act, the law clearly criminalizes the buying or selling of body parts, with exceptions made only for reimbursing legitimate costs such as travel and medical expenses involved in the donation process.
“The intention is to protect vulnerable people from being exploited due to poverty or desperation,” reads a section of the law.
Heavy Penalties for Trading Organs
The Act outlines severe penalties for individuals or institutions found guilty of engaging in organ trade. Anyone found selling or attempting to sell an organ, or offering financial compensation for one, is considered to be committing a serious offence.
If convicted, such a person could face:
Healthcare providers and facilities face even stiffer consequences, including the revocation of operating licenses and permanent disqualification from practice.
Unlawful procedures, such as performing a transplant without consent or in unlicensed facilities, are also punishable under the same legal framework.
Legal Organ Donation in Kenya: What’s Allowed
While organ sales are criminalized, the Health Act allows for ethical and voluntary organ donation under strict regulation. A living donor may legally donate organs—typically kidneys—to a close relative or someone with a strong emotional bond, such as a spouse. However, this must be accompanied by informed and written consent.
Both the donor and the recipient must undergo comprehensive medical and psychological evaluations to ensure fitness and prevent coercion.
Posthumous donations are also permitted. A person may declare their intention to donate organs after death in a will, or—if no such document exists—a family member or legal guardian may provide consent. However, any such donation must be altruistic and non-commercial.
All Transplants Must Happen in Licensed Facilities
The Ministry of Health mandates that all organ transplants must occur in licensed hospitals and follow national ethical guidelines. These include rigorous documentation, matching procedures, transparent consent processes, and the maintenance of accurate medical records.
Importantly, a donor can change their mind at any point before the procedure, and their right to revoke consent must be honored without pressure or consequence.
A Call for Enforcement
Despite the strength of the law, experts argue that enforcement remains weak, with loopholes occasionally exploited by illegal organ trade networks. Advocacy groups continue to push for tighter monitoring and increased awareness to prevent exploitation, especially among economically vulnerable communities.
As the government intensifies efforts to regulate organ donations and crack down on trafficking, Kenyans are advised to understand their rights, the law, and the severe consequences of breaching it.
