Kenyan Appeals Court Rules Abortion Is Not a Constitutional Right, Reversing Landmark Decision

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Nairobi: Kenya's Court of Appeal has overturned a landmark ruling that had recognized access to abortion as a constitutional right, reigniting debate over reproductive rights in the East African nation and raising concerns among health advocates.

In its ruling on Friday, the appeals court said that abortion is not a fundamental right under Kenya's Constitution, although it remains permissible under limited circumstances, including when the life or health of the pregnant person is in danger. The judges said authorities retain the power to investigate and prosecute alleged abortion-related offences.

The case stemmed from the arrest of a 16 yearold girl and a healthcare provider in 2019 in Kilifi County. The girl had sought medical treatment after suffering complications related to an abortion, while clinician Salim Mohammed provided post-abortion care. Both were charged with abortion-related offenses, but a High Court ruling in 2022 dismissed the charges and held that access to abortion was protected under the Constitution.

That decision was reversed by the Court of Appeal, which ruled that the Constitution protects life from conception while allowing abortion only under specific exceptions outlined in the law.

The Center for Reproductive Rights, which supported the case, described the ruling as disappointing and said it plans to appeal to Kenya's Supreme Court. The organization warned that the decision could further complicate access to reproductive healthcare and increase legal risks for both patients and healthcare providers.

Kenya's Constitution, adopted in 2010, permits abortion when the life or health of the pregnant person is at risk. However, rights groups say inconsistencies between the Constitution and older criminal laws have created legal uncertainty, contributing to stigma, police harassment, and unsafe abortion practices.

According to research by the African Population and Health Research Center, Kenya's Ministry of Health, and the Guttmacher Institute, there were more than 790,000 induced abortions in Kenya in 2023, with more than 300,000 people requiring medical treatment for complications, many linked to unsafe procedures.

Pic Credit: AFP