How new Transplant law could improve access to kidney treatment, blood donation

Human kidney on scientific background. [GettyImages]

A new legislative proposal seeks to provide a framework for blood and transplant services in Kenya, while streamlining the sector. 

The Kenya Blood, Cells, Tissues and Organs Bill, 2025 proposes the establishment of the Kenya Blood and Transplant Authority to coordinate blood donation, cell, tissue, and organ donation and transplantation. 

The Bill is sponsored by Seme MP Dr James Nyikal, who explained that the Authority would succeed the Kenya Tissue and Transplant Authority, established under Legal Notice No. 142 of 2022. 

If approved, the Authority will be established and facilities will be required to register with it. The proposal also provides for an Appeals Tribunal, with Parliament expected to allocate approximately Sh43 million to support its mandate. 

“The Bill provides for the licensing and certification of transfusing facilities (for blood, blood components, and blood products), transplant facilities (for services of cells, tissues, or organs) and retrieval facilities (participating in the collection of cells, tissues, or organs from donors for transplantation, research, and training),” explained Nyikal during his presentation to the Budget and Appropriations Committee. 

Transfusing facilities will apply for certification, which, once granted, will not be transferable. The proposal also covers the registration and certification of blood, cell, tissue, and organ banks, sample referral courier services, and distributors of blood and transplant services. 

The Authority will establish a national blood and transplant reference laboratory offering basic and specialised testing, quality assessments, standardisation, validation, verification, and guidance to other laboratories for blood disorders and cells, tissues, and organs. 

The Bill requires the Authority to maintain a national waiting list for recipients and ensure transparent allocation of cells, tissues, and organs. 

It also provides for a seven-member Blood and Transplant Appeals Tribunal to determine appeals against Authority decisions regarding registration and licensing. Tribunal members will receive allowances as determined by the cabinet secretary and the Salaries and Remuneration Commission. 

Nyikal highlighted the urgent need for improved transplant services. “One in every 10 Kenyans, about 4 million people, has some form of kidney disease. Among those with end-stage kidney disease, roughly 12,500 require a kidney transplant, yet very few receive one,” he said. 

Between 2012 and 2022, only 708 kidney transplants were performed, despite over 5,700 patients on long-term haemodialysis. 

The Bill also strengthens public trust by establishing an independent Appeals Tribunal to ensure fair decisions and oversight, preventing excessive concentration of power in the Authority. 

Tribunal members, drawn from legal, clinical, and ethics backgrounds, will issue precedent-setting decisions to standardise regulatory practices, in line with international best practice. 

If the Bill is rejected, the Kenya Tissue and Transplant Authority will continue to operate under subsidiary legislation, and facilities or practitioners will lack a formal process to appeal registration or licensing decisions.