Law Society Of Kenya Statement On Alleged Trafficking Of Human Organs In Kenya

The LSK expresses its utmost concern over recent reports of suspected organ trafficking, in particular, kidneys, within certain healthcare facilities in Kenya, with Mediheal Hospital, Eldoret, specifically mentioned as a major player in these allegations.

We note that these reports come against the backdrop of initial disquiet expressed by medical professionals' organizations and members of the public over potentially unethical and illegal kidney transplants as early as May 2023. According to a Press Release dated 15th April, 2025 issued by the Cabinet Secretary for Health, Hon. Aden Duale, the Ministry was made aware of concerns over increased cases of Israeli nationals receiving kidney transplants in Kenya through a letter from the Transplantation Society dated 20th July, 2023; which raised the possibility of the existence of an organised syndicate.

The Kenya Renal Association, in conjunction with the Kenya Association of Urological Surgeons (KAUS), the Kenya Association of Physicians (KAP), and the Renal Patients Society of Kenya (RPSK), issued a Press Statement dated 3rd May 2024, essentially blowing the whistle on unethical transplant practices at Mediheal Hospital, Eldoret. The statement highlighted concerns including the alleged sale of kidneys and what the organizations described as 'the importation of patients for the purpose of transplantation.'

It is to our great ignominy as a nation that despite these warnings by persons of goodwill, nothing concrete appears to have been done by the Ministry to ensure that the ensuing violations of human rights were properly investigated, and that any persons responsible were held accountable.

What has instead come to light from the Press Release is that the Ministry constituted a multidisciplinary team, which in December 2023, undertook a four-day 'fact-finding' mission; and sought, amongst other things, to verify concerns raised by the Transplant Society; audit transplant services provided at Mediheal Hospital, Eldoret; and provide actionable recommendations.

In what appears to be a case of either extreme lethargy and/or the complicity of influential persons, the anticipated report from the multidisciplinary team was quietly shelved away. This was until a joint investigative report by German media outlets Der Spiegel, ZDF, and Deutsche Welle blew open the carefully-concealed cover of a hidden scandal in a documentary titled "The global organ trafficking network", which aired on 14th April, 2025.

Organ transplantation has proven to be a medical marvel in terms of saving lives and improving the quality of life of many across the globe. However, the scarcity of organs available for transplantation means that demand in every country outstrips supply: thereby creating an incentive for a black market in organs, the exploitation of vulnerable persons, the complicity of medical professionals, human trafficking, the distortion of transplant waiting lists in service of commercial interests, and many other harmful ends.

The organ trafficking allegations constitute an appalling violation of the Right to Dignity (under Article 28), the Right to the highest attainable standard of Health (under Article 43(1)(a)), and potential violation of the Right to Life (under Article 26). Part XI of the Health Act, 2017 addresses the potential socio-economic issues relating to the issue of transplants and requires the Cabinet Secretary for Health to prescribe regulations to guide tissue and organ removal, and give oversight to health facilities registered to provide such services. As things stand, these regulations are yet to see the light of day.

It is our view that the prevailing situation is not only unacceptable, but calls for urgent, cross-cutting, multi-stakeholder intervention. Accordingly, we propose that the following fundamental initiatives be undertaken by the relevant health sector stakeholders:

1. The Cabinet Secretary for health must, as a matter of priority, fulfil his mandate and ensure the formulation of the regulations contemplated under the Health Act. We urge that such regulations be subjected to rigorous public participation and expert consultations to ensure they reflect the most pressing concerns for the Kenyan people.
2. We welcome the move by the Directorate of Criminal Investigation's (DCI) Transnational Organized Crime Unit to investigate this suspected organ trafficking syndicate. We call on our investigative authorities to exercise extreme vigilance and diligence in concluding these investigations.

Nevertheless, we are apprehensive of emerging reports of threats and intimidation directed at victims and potential witnesses of suspected organ traffickers. We urge the National Police Service ('NPS') and Victims Protection Board to ensure the security of these victims and apprehend all purveyors of these threats

We urge the Kenya Medical Practitioners and Dentists Council (KMPDC), as the regulator for medical practitioners and healthcare facilities to zealously exercise its regulatory mandate and deal robustly with concerns raised by local medical practitioners regarding the ease with which foreign medical practitioners obtain registration to practice in Kenya. To that end, we invite KMPDC to undertake more robust vetting and due diligence of medical practitioners and health facilities prior to issuing licenses to practice, and ensure that Kenya does not become a haven for rogue practitioners evading regulatory oversight in their own countries.

Lastly, we call for transparency and accountability from the Ministry of health on the fate of the 'Independent Expert Committee' set up by the Cabinet Secretary to undertake a comprehensive audit of kidney transplant services across all Mediheal facilities over the past five years, as well as "review governance structures, clinical practices, ethical compliance, and patient safety protocols, and is expected to submit its report within 90 days". Considering the pervasive nature of this menace on multiple facets of the Kenyan society, it is important that the Law Society of Kenya, Civil Society Organizations and other professional bodies be involved and engaged for technical support in the work of the Expert Committee

We remain prepared to provide the relevant guidance, advice and support required in safeguarding the public interest and promoting constitutional values. We undertake to participate in any process to get to the bottom of this life-threatening saga to the extent that our statutory mandate allows.