Under Kenyan law, a deceased person does not constitute property capable of ownership in the traditional sense, but their body enjoys strict statutory protection regarding bodily integrity and organ donation. Under Section 80 of the Health Act (No. 21 of 2017) and the Human Tissue Act (Cap 252), post-mortem examinations, organ harvesting, or tissue removal for therapeutic/scientific purposes can only be conducted if the deceased explicitly gave written consent before death, or if authorized representatives/relatives provide statutory consent. Unauthorized removal of organs or improper handling of a corpse constitutes a criminal offense under the Penal Code and public health laws.
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