Balancing Hope and Risk: Examining the Ethics and Implications of Organ Harvesting Legislation in Kenya

Nephrologist urge to the parliament to fast track the expedition of the Bill that will legalise organ harvesting from the deceased to help those in need is a tall order. However much it may be of help to masses, many will seize this golden opportunity to enrich themselves.

Given the good money involved in human organ trade, as demonstrated by the famous kidney trade, when the Bill is passed, cases of unscrupulous medical practioners selling patients’  organs will catapult. We’ve witnessed instances where people go missing, only to find their lifeless body, with some of vital body organs absent

It has been estimated that up to 10% of kidney transplants worldwide involve organ trafficking. According to Global Observatory on Donation and Transplantation, 2020. “More than 150,000 transplants are performed annually worldwide, however, this is less than 10% of the global need.”

Having a reason to justify this act, and a legal one for that matter, will result to rampant cases of organ trade. This also poses a challenge in the form of conflict of interest by the medical officers. A good example being the vibrant fight against illicit liquor by the government, such a factor emerged.

Article 22 of the Additional Protocol clearly prohibits the trafficking of organs and tissues, classifying it as a vice that should be eradicated as much as possible.

Council Framework Decision concerning the prevention and control of trafficking in human organs and tissues states at the outset that:

“Trafficking in human organs and tissues is a form of trafficking in human beings, which comprises serious violations of fundamental human rights and, in particular, of human dignity and physical integrity. Such trafficking is an area of activity of organized criminal groups who often have recourse to inadmissible practices such as the abuse of vulnerable persons and the use of violence and threats. In addition, it gives rise to serious risks to public health and infringes on the right of citizens to equal access to health services. Finally, it undermines citizens’ confidence in the legitimate transplantation system.”

Another worry that arises with this, is on what merit will they decide on who is to benefit from the said proposal. Will every patient be treated equally, or will it be a case of scratch my back I scratch yours. Many patients who are in dire need of such organs will surely miss out due to their inferiority on money matters.

Kenya has for a long time been marred with corruption cases and sure to say this scheme will lead the nation to another major scandal.

However much the Bill is crafted to assist the less fortunate, I believe many would misuse this law, if passed. Keep in mind that medical practioners in Kenya have been at loggerheads with the government on matters improvement of working conditions, better pay among other grievances.

The latter would serve as a motivation to many to engage in organ trafficking.

If the Bill is to be passed, some amendments need to be done with clear-cut legislations on how the vice would be suppressed, if not eliminated, clearly outlined. Organ trafficking is human trafficking in disguise. Therefore, the members of the national assembly should treat this bill with utmost care.