I Am Not for Sale, My Kidney Is:A Case for the Commercialization of Human Organs in Kenya.

Abstract

The presence of a growing middle class, the growing disparity between the rich and poor, and to some extent the presence of technology in the country makes the process of commodification of organs a simple, quick, and attractive business proposition for some and a solution for others. In many affordable middle class or upper class families, even when there are relatives in good health who can donate, the general argument that is often presented is ―why donate and take any risks when you can buy a kidney?‖1 It has been argued that organ donation relates to the exploitation of the poverty-stricken people by alluring them with financial gains that at times can be large and can meet their immediate short-term financial needs. Unlike other similar exploitative social situations, organ donation requires an invasive surgical procedure that has both physical and psychological implications. The idea of commercialization of human body organs has been met with a lot of critique and emphatic rejection from different fronts including the legal front. However, as human beings continue to suffer in different fronts, voices are beginning to emerge that explore the idea of organ sale. The research paper tracks the ethical debate regarding the commercialization of organs along a ̳commercialization continuum‘, with direct payment for organs at one end and public solicitation at the other2

. The paper will then discuss the growing organ black market with an aim of reconciling the same with our laws. Finally, there is an assessment and analysis on whether there is property in human organs and whether commercialization of the same should be legalized.