This archive report was first published on 29 June 2020.
June 29, 2020, marked a significant milestone in the global fight against Covid-19 as countries continued to rally behind finding vaccines and a cure for the deadly virus. Amidst the urgency, biomedical research has become a crucial aspect of the quest, but it also raises a plethora of ethical questions.
While Kenya does not have a standalone law on biomedical research, several laws, including the Constitution and the Science, Technology And Innovation Act, regulate biomedical research and protect human rights. The Universal Declaration On Bioethics And Human Rights, an international law, also plays a significant role in upholding ethics in biomedical research.
History has shown that biomedical research has often been conducted in an inhumane manner, with the Nuremburg trials by the Nazis serving as a stark reminder of the gross violations of human rights in scientific research. However, today, there is a significant amount of regulation concerning human trial vaccines and research, ensuring that rights are upheld.
In Kenya, the Constitution guarantees the human rights of the targets of biomedical research. The Bill of Rights contains several provisions that protect the rights of human targets, including the right to life. It would be illegal to conduct a research that is obviously life-threatening or involves taking the lives of human targets.
Furthermore, the study should not obviously endanger the health of the targets. All due care must be taken to safeguard the health of the individuals, inasmuch as there may be some risk involved. No research can be undertaken on a person without first seeking and procuring their consent. Forced trials for vaccination are also illegal.
The Science, Technology And Innovation Act regulates the conduct of biomedical research in Kenya, requiring that any research undertaken on Covid-19 in Kenya must be licensed. Additionally, a biomedical research such as Covid-19 must be undertaken by an accredited institution.
