Health Bill to allow organ donation in Kenya

Any person who wishes to donate his body or organs would be free to do so if a Bill before Parliament is passed and assented to by President Uhuru Kenyatta.

The Health Bill that is before the National Assembly allows a person, who is competent to make a will, to donate his or her body or any specified tissue to a person or institution of his choice after death.

“Such a consent can also be given by a spouse, elder child, parent, guardian elder brother or sister in the event the person died without leaving a will,” the Bill states.

In the event that the relatives of a deceased person cannot be traced and no will is left behind, the Health Cabinet secretary would have powers to donate the body or its parts.

PROFESSIONAL ETHICS

The donation may be made for training of students in medical learning institutions, for research or for advancement of health sciences or for healing purposes, including the use of tissue in any living person.

The cost incurred by patients who have had to travel abroad for specialised health care due to lack of clear legislation on donation of body parts would be significantly reduced if this Bill becomes law.

The Bill further provides that any transplant of body tissues must be done in a duly authorised health facility and after written approval from a medical practitioner in charge of clinical services in that facility.

The medical practitioner who authorises the organ transplant would not be allowed to be the lead participant in the transplant.

The law will help deal with cases where some medical practitioners breach their professional ethics and recommend unnecessary but costly medical interventions to earn more.

BLOOD TRANSFUSION SERVICES

“Any person who contravenes the provision of this section or fails to comply therewith or who charges a fee for a human organ commits an offence,” states the Bill, sponsored by National Assembly Majority Leader Aden Duale.

Any person found guilty is liable on conviction to a fine not exceeding Sh10 million or imprisonment for a period not exceeding 10 years or both.

The Bill also provides for the establishment of a body to be known as the Kenya National Blood Transfusion Service to provide for institutional organisation of blood transfusion services within the country.

The institution would develop a comprehensive and coordinated national blood service based on voluntary blood donations to guarantee availability of blood.

This would reduce cases of blood donation appeals made during emergencies and disasters.

“Every person has the right to emergency medical treatment. No person shall be denied emergency treatment by the health service provider of first contact,” the Bill states.