Kenya court overturns landmark abortion rights ruling, sparking backlash
A court in Kenya has overturned a landmark ruling that had recognised access to abortion as a constitutional right, reigniting debate over reproductive health and legal protections.
The appeals court ruled that abortion is not a fundamental right under the constitution, stating that the right to life begins at conception and that exceptions only apply in limited circumstances — such as when the life or health of the mother is at risk.
The decision reverses a 2022 High Court judgment that had cleared a teenage girl and a clinician of abortion-related charges and affirmed broader protections for patients seeking reproductive care.
The case dates back to 2019, when a 16-year-old girl was arrested in a hospital in Kilifi alongside clinician Salim Mohammed after she sought treatment for complications following an abortion.
Although the High Court had dismissed the charges and criticised practices such as forced medical examinations, the appeals court said investigations and prosecutions in such cases were still legally valid.
The ruling has been strongly criticised by rights groups, including Centre for Reproductive Rights, which described it as “deeply disappointing” and confirmed plans to challenge the decision at the Supreme Court.
Kenya’s abortion laws remain complex. While the 2010 constitution allows abortion in specific medical circumstances, outdated penal code provisions — dating back to colonial rule — continue to create legal uncertainty.
Health advocates warn that this ambiguity drives many women and girls to unsafe procedures. According to rights groups, several deaths occur daily due to complications from unsafe abortions.
