A critical study of the ethico-legal implications of expanding cadaveric organ donation and transplant in kenya: lessons for kenya & africa
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Jomo Kenyatta University of Agriculture & Technology Karen Campus off Bogani Road P.O. Box 68162 -00200 Nairobi, Kenya Kenya
Publication date: 2023-04-26
Popul. Med. 2023;5(Supplement):A1662
Whilst many countries outside Africa have longstanding and well developed cadaveric organ donation and transplantation programs, majority of countries in Africa do not. Kenya legalized cadaver organ donation in 2017 vide Health Act No. 21 of 2017. The rationale for allowing cadaver organ donation and transplant is a belief within government that organ transplant compared to life sustaining treatment like dialysis for kidney failure is a better treatment option for the patient. This is because when the patient’s quality of life is improved it means that the patient can go back to work, is less dependent on his/her family and friends for upkeep and costs of medical treatment. Despite these benefits and current law in place, the rate of cadaver organ donation is low and many people who require an organ transplant end up dying due to organ shortage. The objective of this study is twofold. First is to critically analyse the ethical and legal issues that are generic to cadaveric organ donation and transplant and country specific to Kenya. Secondly, to suggest practical and ethical solutions to the identified issues that can be applicable not only in Kenya but across Africa. The objectives will be achieved first, through critical analysis of existing literature on generic ethical and legal issues in cadaveric organ donation and transplant. Second, through empirical study that will involve the conducting of key informant interviews with personnel in hospitals around the country that offer organ transplant services. The importance of this research is to add to the existing body of knowledge by filling existing gaps in not only in the context of Kenya but Africa as a whole. The use of empirical research will contribute to new knowledge by way of research methodology.
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