Mark Mwenje's Controversial Bill to Legalize Body Part Donations: Dismembered Bodies, Organ Trade, and the Rise of Murder for Profit

Nairobi, November 2024 –A bold new bill in Kenya could soon grant individuals the legal right to donate the organs and tissues of their deceased loved ones—but with this power comes deep ethical and cultural challenges that could divide the nation.

Suregical Instruments

A recap for the sake of refreshing our memories.

A disturbing pattern of violence and body mutilation is sweeping across Kenya, raising questions about the dark underworld of human trafficking and organ harvesting. From the eerie scene in Shakahola, where dozens of bodies were discovered in a mass grave, to the discovery of female body parts discarded on the roadside in Lang’ata, the country has been rocked by a series of gruesome incidents.

Shakahola Forest Massacre

This horror reached a new level in the slums of Mukuru, Nairobi, where bodies were retrieved from a dumpsite earlier this year, pointing to a sinister network operating in the shadows. The horrors continue, with a tragic case unfolding on January 15, 2024, where a woman was allegedly murdered, dismembered, and left in a short-term rental apartment in Thika.

Body Parts Discovery in Mukuru 

These gruesome incidents, linked to organ trafficking and human exploitation, raise alarm bells regarding the extent of the crime and the networks involved. And as investigations continue to unravel, what the public is left with is the harrowing suspicion that a large and clandestine operation might be responsible for these killings. What started as incidents of isolation have finally turned out to be grim reminders of the dark forces raging within our society, which must be stopped to save precious lives.

The Human Tissue and Organ Transplantation Bill, introduced by Embakasi West MP Mark Muriithi Mwenje, aims to address the country's chronic organ shortage while cracking down on the underground organ trade. 

Embakasi West MP, Mark Muriithi Mwenje

The new law would provide that on one's death, the spouse, parents, eldest child, or next of kin may give consent to have body parts harvested for transplantation or research. 

But here is the kicker: it could be a hard sell because Kenya has deep-rooted cultural and religious beliefs concerning the dead, out of respect, reverence, and resurrection. Will the living be able to override centuries of tradition to save the lives of thousands in need of organ transplants?

The cost of organ transplants is another barrier. With over 5,700 patients on dialysis, only a handful of kidney transplants (708 between 2012 and 2022) have been carried out, and the transplant rate stands at a mere 2.8%, far below the global average. 

The bill aims to change that by regulating the transplantation process and setting up a Kenya Tissue and Organ Transplantation Authority to oversee it. This new body would control everything from organ harvesting to quality control and even the essential testing and distribution of organs.

 It is hoped that this move would help in curtailing the illegal organ trade, in which morgue workers were reportedly making money by harvesting body parts for cash, with some as low as Ksh 10,000-25,000.

Surgical Proceeding

Not all is rosy, however. Under the law, one cannot consent to the harvesting of organs, knowing full well a family member higher up would not have given their consent.

This clause complicates the process further—what if family members do not agree on what is best?

Furthermore, this law will make it such that the donation of children's organs requires not only the consent of the parents but also the approval of the National Council for Children's Services to ascertain whether the decision serves the best interest of the child.

The other barrier is the cost of organ transplants. With transplant surgery and medication costing nearly Ksh 6 million, access remains limited to the privileged few. 

However, this bill is about much more than just saving lives—it's about eliminating the criminal exploitation of vulnerable people by creating a regulated framework where organ harvesting can be done ethically and transparently.

But the question beggers:

Will Kenyans accept a system that requires organ harvesting from their dead, while growing fears of exploitation make this bill sound either a noble step forward or an overstep? 

The debate will not be over with just this, and it certainly does stir up strong opinions among Kenyans.

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