A court in Kenya has overturned a major ruling that once recognized abortion as a fundamental right. The new decision says abortion is not a guaranteed constitutional right, though it may still be allowed in limited situations—such as when the mother’s life or health is in danger.
This ruling has raised serious concerns among health experts and rights groups. In a country where abortion is highly stigmatized, many women and girls already turn to unsafe, unregulated clinics. According to the Centre for Reproductive Rights, about seven women die every day in Kenya due to unsafe abortions.
The legal situation is complex. While Kenya’s 2010 constitution allows abortion under certain conditions, older colonial-era laws still criminalize it in most cases. This contradiction has created confusion, leaving both patients and doctors vulnerable to arrest, harassment, and even extortion by police.
The case behind the ruling involved a teenage girl who was arrested in a hospital after seeking treatment for abortion complications, along with a clinician who treated her. A lower court had previously cleared them and said access to abortion was a constitutional right—but that decision has now been reversed.
Judges in the appeals court argued that the constitution protects life from conception, and that authorities have the right to investigate whether an abortion met legal exceptions.
Health and research organizations, including the Guttmacher Institute, estimate there were over 790,000 abortions in Kenya in 2023, with many women needing medical care due to complications from unsafe procedures.
Rights groups warn that this ruling could make the situation worse by increasing fear, limiting access to safe healthcare, and putting more lives at risk. The decision is expected to be challenged in Kenya’s Supreme Court.
Source: Newstimehub
