Mediheal moves to court to challenge organ trafficking probe
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The Mediheal Group of Hospitals has moved to court seeking
direction on the handling of patients and donor information by the independent
investigative committee formed by Health Cabinet Secretary Aden Duale to probe
alleged kidney trafficking at the facility.
Mediheal lawyer, Senior Counsel Katwa Kigen, who submitted 470
files of patients seeking kidney transplant services at the health facility and
donors between 2020 and 2025, says the concern is that doctor–patient
confidentiality could be infringed during the process.
The hospital says a directive of the court will ensure that patients'
data is protected even as the committee continues with its probe, which is a
matter of national concern.
"We have had to file a case in Eldoret High Court, where
the hospital is based, and our desire is that that issue is determined in terms
of the handling, access to information, and protecting the patients'
confidentiality,” said Kigen.
“And so even in submitting the documents today, we have given
out the documents on that understanding—that the committee will be very
delicate in how they handle the document until when the case tells us how the
documents should be handled to secure the confidentiality of the patients. The
case has been filed by Mediheal on behalf of the patients.”
Kigen says Mediheal Group of Hospitals is committed to the
probe, which is expected to be carried out in 90 days.
CS Duale last month assured the country that there would be no interference with investigations into
allegations of organ trafficking at Mediheal.
Duale, who officially inaugurated a 13-member independent
investigative committee to probe the cases, said investigations, which will
extend to audits of all transplant facilities in the country, should focus on
truth, transparency, and transformative justice.
The three-month assignment is set to transform organ and
tissue transplant services in the country.
This came after he suspended two senior Ministry of Health
officials for bungling the report prepared by a committee formed in 2023, and
which was allegedly doctored.
"There was coercion. They were told that orders were from
above. I want to assure you that there will be no orders from above. There will
be no orders from this ministry or from the presidency. We want the truth to
come out. Don’t listen to sideshows. Don’t listen to lawyers," CS Duale assured
the new committee.
The team has been tasked with, among other duties, conducting
physical audits of all transplant facilities in the country, reviewing policy,
legal, and ethical frameworks governing organ and tissue transplant services
and reviewing all documentation, donor-recipient consent forms, and governance
systems at Mediheal.
The Group of Hospitals founder, Dr. Swarup Mishra, has,
however, denied allegations that his facility
has been involved in organ trafficking, adding that the allegations are
unfounded and that he will fight them off through the second public audit.


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