MPs shoot down proposal on donation of corpses for research

National Assembly Health Committee Chair Rachel Nyamai introduced the clause which proposes that morgues give up unclaimed bodies for research. (Photo: Elvis Ogina)

MPs have rejected a proposal seeking to allow donation of unclaimed bodies for research purposes. In a heated debate in the National Assembly last week, MPs voted to reject the new provision in the Health Bill, 2015, throwing a spanner in the works of efforts to provide a legal platform for the donation of corpses.

The clause, which had been introduced by National Assembly Health Committee Chair Rachel Nyamai (Kitui South), proposes that morgues give up unclaimed bodies, which would otherwise be disposed of in public cemeteries.

Legislators opposed to the provision said it is repugnant to African practices, where ‘bodies belong to the community’, and where bodies must be buried according to culture.

The controversial clause reads: “In the absence of a donation or a contrary direction given by a person while alive and upon death the person’s body remains unclaimed under any other law, the spouse or spouses, elder child, parent, guardian, eldest brother or sister of that person, in the specific order mentioned, may after that person’s death, donate the body or any specific tissue of that person to an institution or a person contemplated in this sub-section.”

“The reasons we have advancements in medicine is because we get bodies for research. It is important that we don’t get emotional over this issue,” said the chair as she pleaded with MPs to see the sense in using such bodies for research.

Peter Kaluma (Homa Bay) argued that giving out unclaimed bodies could lead to situations where members of bereaved families go to the morgue only to be told that the body has been signed away. He foresaw situations where angry mourners would attack morgues demanding the bodies of their relatives back.

Burn morgues

“The cultures of Kenyan communities should be carefully thought about. We don’t want cases where people proceed to view the body only to hear that it has been donated. We will burn down the morgue,” said Kaluma.

The contentious clause does not however expressly state that morgues would unilaterally give away bodies, instead giving relatives the power to sign away such a body. According to MPs however, this is a contraction that would allow bodies to ‘disappear’ under the pretext that they were donated.

“If the body is unclaimed, how then do you donate it? How can you donate what you do not own? This provision is redundant,” said Chris Omulele (Luanda).

Currently, morgues are over-flowing with bodies that cannot be claimed for reasons ranging from failure to clear mortuary fees to family disputes over burial sites. 

Deputy Leader of Majority Naomi Shaban (Taveta) explained that the provision recognises that some of the bodies lying in morgues belong to people whose relatives are known and who may not wish to ‘claim’ the bodies for burial.

“The morgues are full of bodies and the relatives are known. These bodies can be very useful in medical schools. This provision is just to make sure that everything is put down in law so that in future, no one will come to demand to be told why the body was donated,” she said. “One has to ask, where do we get bodies to be used in medical schools? There are communities that agree that if no one wants the body, you can have it,” argued James Nyikal (Seme).

Nyamai pleaded with the House to reconsider the decision to reject the clause and said she would recommit to the House afresh.

The bill seeks establishment of a national health system which shall progressively realise the right to the highest attainable standards of health.