Thursday, 7 July, 2022
HomeMedico-LegalKenyan High Court declares abortion-related arrests illegal

Kenyan High Court declares abortion-related arrests illegal

The High Court in Malindi has declared the arrest and prosecution of females seeking abortions to be illegal. CapitalFM reports that the landmark ruling made last Friday (25 March) now protects patients seeking abortion services as well as healthcare providers offering the services.

The court noted that abortions are a fundamental right under the Constitution and that protecting access to abortion impacts vital constitutional values, including dignity, autonomy, equality and bodily integrity. It also ruled that criminalising abortion under penal code without constitutional statutory framework is an impairment to the enjoyment of women's reproductive right. The case related to the prosecution of a 16-year-old Kilifi County female who experienced pregnancy-related complications and sought medical care at a nearby clinic.

The doctor was detained for a week and the patient was remanded to a juvenile centre for more than a month. The court directed Parliament to enact an abortion law and public policy framework that aligns with the Constitution.


CapitalFM article on allafrica – Kenya: Court Declares Abortion-Related Arrests, Prosecutions Illegal (Open access)


See more from MedicalBrief archives:


Kenya bans Marie Stopes from offering abortion services


End of 'Global Gag Rule' improves Uganda's abortion policy prospects


eSwatini judge's comments spark abortion debate


Religious leaders move to block Malawi's Abortion Bill



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