Exposed: Agencies plan to bribe senators over surrogacy law

It was first introduced in Parliament in 2015 by Suba North MP Millie Odhiambo who had then titled it the In-Vitro Fertilization Bill.

The Bill, if passed into law with the recommendations from the National Assembly, could be the end of the road for several fertility agencies, which have for years operated as middlemen or brokers between surrogate mothers and families that the resultant children end up with.

Some agencies have been accused of overcharging families and underpaying surrogates. Others have been accused of defrauding families by falsely claiming they offer surrogacy services, only for no child to be delivered in the end.

“The reason I brought it is because the High Court directed Parliament to come up with such a law because the courts were being confronted with many cases on surrogacy, but no structure around it.” Ms Odhiambo had said at the time.

Read: Surrogate mother fights for Sh3 million as couple refuses to honour deal

Crowdfunding for lawmakers

The industry has remained unregulated, and the WhatsApp chats of March 19, 2026 were intended to ensure that if the ART Bill was passed into law, it would protect the existence of fertility agencies.

A woman named Alice posted in the Fertility Agencies Kenya group: “Hello ladies…thank you so much for your willingness to come together for a good cause. Now that we are five, I think our contributions should be at Sh60,000 per person.”

This crowdfunding, the WhatsApp chats indicate, was intended to put money in the pockets of lawmakers sitting in the Senate’s Health Committee, to ensure that the ART Bill is sabotaged, and is not passed into law.

In the WhatsApp group, a list was then generated titled “Agency Senate adoption contribution,” with three agencies on the list. Elicy Fertility and Surrogacy Agency Limited, Lotus Fertility Agency and Blessed Bonds Surrogacy Limited.

Multiple mobile money transfer confirmation messages, each showing payment of Sh60,000, were then forwarded to a woman named Cynthia Awuor Opiyo. She works at Elicy Fertility and Surrogacy.

Ms Opiyo was allegedly to hand over the contributions to some members of the Senate’s Health Committee. The WhatsApp messages did not, however, indicate which specific members of the committee were to be influenced, or which particular lawmaker was to take the money from her.

The Senate’s official website indicates that the committee is comprised of Senators Jackson Mandago (chairperson), Omar Mariam Sheikh (vice-chairperson), Hamida Kibwana, Richard Onyonka, Ledama Ole Kina, Stewart Madzayo, Joseph Githuku, Tabitha Mutinda, David Wakoli, and who serves as the chairperson.

The Nation directly contacted all the committee members and laid the bribery allegations to them. Only Senators Onyonka, Mandago, Ledama, Hamida and Wakoli responded. Mr Wakoli denied being a member of the committee.

Mr Onyonka said that there's a working theory that some committee members may have received money to influence the surrogacy legislation.

“There are suspicions that money changed hands, but let me dig more on it,” Mr Onyonka said.

Mr Ole Kina said: “I've been an investigative journalist for 25 years. I'm speaking to you as a colleague in this industry. I would be the first one to know. I would be careful with publishing allegations. Observe the process. The Bill has not even been considered at the committee.”

It took a number of efforts to inform Senator Ledama, who doubles up as the Senate Minority whip, that the Bill was, in fact, with the committee.

He eventually confirmed that it was indeed at the committee stage, saying he would raise it as part of House business and revert.

He did not.

The committee’s chair, Mr Mandago, responded by stating that the allegations are not true and that the Bill was at the second reading.

Ms Hamida replied with “no idea” and later texted “definitely not true.”

Read: Kenya a dangerous country for surrogacy operations, Israel says

What the fertility agencies say

We also reached out to the three agencies on the list.

Ms Opiyo of Elicy Fertility and Surrogacy Agency Ltd also denied the bribery allegations.

“Who is the person who told you the information? It’s not true. If at all you want to protect one side that’s okay but if you want to have a sit-down interview, I am happy to have a civilized conversation. Otherwise, whatever news you are going to put out…just know it will be fake.” Cynthia said via a phone call.

She did not respond to our requests for an in-person interview as she had proposed in the phone call.

In the past, Ms Opiyo has appeared in other news reports where she was accused of child trafficking.

The woman identified as Alice in the WhatsApp chats, of Lotus Fertility, said she was just a recipient of information and not a participant in the alleged bribery scheme.

“I was also just given information. I think there was a meeting so we just cooperated. I didn’t know the full details…give me a minute, I'll call you back,” Alice said. 

She, however, did not respond to our subsequent calls and messages.

A woman identified as Kemmy, from Blessed Bonds Surrogacy, also denied the allegations.

“I’m not even aware about the whole thing but you know, we normally have discussions as the fertility centres,” she said.

We asked Kemmy if she contributed any money towards the alleged bribery scheme. She said: “No not really…not for that.”

Read: Milly Odhiambo sets out to stop professional sperm donors

Doctors involved?

The Nation has learned that some doctors and other medical professionals were also part of the scheme to influence surrogacy legislation.

*Emmanuel, not his real name, is a health professional. He was among those that went to the Senate to submit memoranda on the Bill.

“While I was there, I was called by one of my colleagues in the industry and he told me there was a plan to collect an amount to influence the senators in terms of the Assisted Reproductive Health Bill to pass some proposals,” Emmanuel says.

When he heard about the plot he grew worried at the course that the Bill was taking.

“According to how they had planned, some doctors were to contribute Sh250,000 for those interested in the proposals. Suppliers and pharmaceuticals, Sh150,000 and the agencies Sh60,000. Each Senate member of the committee was meant to be “adopted” with Sh300,000 and the chair eventually would be given Sh500,000,” he adds.

Emmanuel says that what is clear is that the money was collected, but what is not clear is whether it reached the senators.

“One of the proposals that the health professionals want included in the Bill at the Senate, is to open the borders and allow international couples to access Kenyan surrogates. The Bill as passed by the National Assembly allows only Kenyan citizens,” Emmanuel states.

Read: Inside the painful world of childless women and the bill that could end their pain

Exploitation by agencies

Stakeholders in the reproductive space say that limiting access to surrogacy to Kenyan citizens was introduced as part of the efforts to ward off commercial surrogacy in the country. In the past, surrogate mothers have complained of exploitation and dubious schemes that shortchange the vulnerable.

We traced two surrogate mothers who agreed to speak to us on the basis that we hide their identity. They say they have experienced tumultuous times with agencies, who found them through WhatsApp groups.

“The agency told me I was supposed to be a surrogate for a gay couple and they said they would pay me Sh600,000 after everything. I agreed and everything proceeded well until the fifth month. They told me I had to abort the baby because the gay couple had broken up, and they no longer wanted the baby. I couldn’t do it. I even asked them what would happen if in the process of abortion, I lost my uterus. I could have lost my life,” *Patricia, not her real name, states.

The gay couple however reconciled and she was directed to continue carrying the child until birth.

“When I later gave birth, the agency did not pay me the full Sh600,000 as promised. They gave me half the amount. There was nowhere to complain and nowhere to go to,” Patricia says.

The Nation is in receipt of a contract that originated from an Indian agency operating in Kenya. The total fees for the intended parents who were seeking the services of a Kenyan surrogate mother came to $48,000 or roughly Sh6.19 million, whereas the surrogate was paid Sh700,000 from the agreement.

Surrogates say that this is common practice in Kenya, and that they often do not see the contracts that are signed between agencies and the intended parents.

“When you look at those who are trying to influence the senators, they are foreign doctors. When they want to access the easier route to surrogacy, they choose the Kenyan link,” Emmanuel adds.

“The society right now with surrogacy…it’s something that is still in whispers. You cannot just stand somewhere and start talking about surrogacy. Because they know that, it gives them the leeway...they know that you're a small person, so there’s nowhere you can take them. If I go to a police station to report, they will just look at me…because there’s no law that protects us from them.” *Leila, another surrogate, says.

J.N Muema & Advocates are among the handful of law practices in Kenya that engage in cases concerning surrogacy.

“Surrogacy is not new in Kenya. It's something that has existed for years. The lack of regulation in Kenya is one I would call the biggest hindrance in the reproductive sector,” Janet Nduku Muema, the Managing partner at J.N Muema & Advocates, states.

Victor Ochieng Omondi, also an advocate who has specialised in surrogacy, says some surrogates often don’t understand the deals they're signing. 

“Some of these surrogates, because of the information asymmetry, are young girls who don’t know much about themselves or the law So, you’ll find some unscrupulous agents who will want to take the remuneration that they get. It is just appalling,” Mr Omondi states.

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