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APPOINTMENT

GAZETTE NOTICE NO. 5043

THE INDEPENDENT INVESTIGATIVE COM MITTEE ON TISSUE AND ORGAN TRANSPLANT SERVICES APPOINTMENT IT IS notified for general information of the public that the Cabinet Secretary for Health has constituted a committee to be known as the Independent Investigative Committee on Tissue and Organ Transplant Services (hereinafter referred to as “the Committee”). 1. The Committee shall comprise of the following: Elizabeth Bukusi (Prof.) — Chairperson, Members: Jonathan Wala Ameyo (Dr.), Ahmed Sokwala (Prof.), Prexedes Okutoyi (Dr.), Patrick Mburugu (Dr.), Noelle Atieno Orata (Dr.), Ann Kasyoka Barasa (Dr.), Diviner Kemunto Nyarera (Dr.), Wendy Kimbui (Dr.), Sara Talaso Bonaya, Charles Kandie (Dr.), Joseph Ndirangu, Larica Onam, Secretariat: Stella Kanja (Dr.), Rueben Tulei, Jedidah Effie Oduor. 2. The terms of reference of the Committee shall be to— (a) establish the existing legal and regulatory framework governing the tissue and organ transplant services in Kenya and to conduct an in-depth independent investigation into any non-compliant tissue and organ transplant services offered within health facilities in Kenya including in Mediheal Group of Hospitals ( hereinafter referred to as “ Mediheal”) and to assess the status of governance, ethical, legal and clinical practices of tissue and organ transplant services across all health facilities in Kenya; (b) review the existing policy, legal and institutional framework, standards, guidelines and protocols that govern organ and tissue transplant services in Kenya and identify any existing gaps in the framework; (c) evaluate governance and operating procedures, including transplant protocols, ethics reviews, and post-transplant monitoring and identify any existing weaknesses and gaps; (d) identify systemic weaknesses, risks of malpractice, or non- compliance with legal or ethical standards in tissue and organ transplant services; (e) determine the facilities that are duly licensed to provide transplant services in Kenya and conduct site reviews of all facilities offering tissue and organ transplant services to establish the status of compliance with the existing framework and protocols; (f) conduct an in-depth investigation into instances of malpractice or non-compliance by the facilities offering the transplant services (if any); (g) undertake a comprehensive inquiry into the allegations of illegal organ transplant and organ trafficking at Mediheal by undertaking the following— (i) obtain and review all clinical records, consent forms, and documentation for tissue and organ including renal transplant procedures conducted over the past sixty (60) months; (ii) interview renal transplant surgeons, nephrologists, anaesthetists, administrators and patients (donors and recipients); (iii) carry out an in-depth investigation into the alleged malpractices, organ trafficking or non-compliance by Mediheal; (iv) establish the legality and ethical validity of each renal donor-recipient match, including verification of donor consent and identity; (v) determine whether any instances of commercialisation, coercion, organ trafficking, or violations of the Human Tissue Act

ADEN DUALE Cabinet Secretary for Health 23 Apr 2025 Vol. CXXVII No. 78

APPOINTMENT