Kenya court overturns landmark abortion rights ruling

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NAIROBI:  A Kenyan appeals court on Friday overturned a landmark 2022 ruling that had affirmed abortion as a fundamental right under the national constitution. The decision reinstates the possibility of criminal prosecution for both individuals seeking abortion services and the healthcare providers who assist them.

The Court of Appeal’s ruling specifically set aside a High Court judgment from Malindi, which had quashed charges against a 16-year-old girl and her doctor. The appeals court reiterated that the Kenyan constitution expressly prohibits abortion while granting a child the right to life, allowing exceptions only in limited circumstances, such as when the mother's life is at risk.

The legal challenge was spearheaded by the Attorney General and the Kenya Christian Professionals’ Forum, who argued that the previous ruling had distorted the country's constitutional balance. Under Kenya's penal code, attempting or procuring an abortion remains a crime punishable by up to 14 years in prison.

The Center for Reproductive Rights, which represented the teenager and the doctor, called the decision a "deeply disappointing setback" for women's health and safety. Advocacy groups confirmed they intend to escalate the case to the Supreme Court of Kenya to challenge the reversal.

Photo Credits: AFP