The Center for Reproductive Rights (CRR) has said it will move to the Supreme Court to challenge a Court of Appeal decision that restricts abortion and reinstates criminal proceedings against a minor and a health worker.
The organization said it disagrees with the findings and will seek to overturn the ruling, which it says affects access to reproductive healthcare and exposes patients and providers to prosecution.
The Court of Appeal held that abortion is not freely permitted in Kenya. It said the Constitution protects life from conception and only allows abortion in specific situations, including when a trained health professional finds a risk to the life or health of the mother or in an emergency.
The Center for Reproductive Rights said this reading limits access to care. It pointed to data showing at least 2,600 women die each year from unsafe abortions and about 21,000 are treated for complications. A 2023 study estimated nearly 800,000 induced abortions, with over 300,000 women seeking care in health facilities.
“In a deeply disappointing decision, the Court of Appeal in Malindi has today delivered its judgment…reinstating criminal proceedings against a young woman and a healthcare provider.” Read part of their statement
The case centers on a 16-year-old girl in Kilifi who went to a clinic with pain, bleeding, and dizziness. A clinical officer examined her and found she had lost the pregnancy and gave emergency care. Police arrested both, detained them, and later charged them.
The girl was arrested from her hospital bed, held for two nights without care, and later forced to undergo a medical exam. Officers also seized her medical records and required her to sign a statement. She was later held in a juvenile facility for more than a month.
“This is not a statistic; it is the lived reality of what happens when women and girls are denied care, information, and dignity.”
The High Court had quashed the criminal cases. It found that the arrests, detention, and prosecution were unlawful and that patient-doctor communication is protected. It also held that a trained health professional acting in good faith should not face criminal sanction under abortion laws.
The Court of Appeal overturned parts of that outcome and reinstated the criminal process. It narrowed the law on abortion and treated it as an exception rather than a general right.
In its judgment, the court framed key questions on whether abortion is allowed under Kenyan law, whether it can be treated as a right, and whether the actions of police and prosecutors were lawful.
It pointed to Article 26 of the Constitution, which states that life begins at conception and only allows abortion under defined conditions.
The Center for Reproductive Rights said the ruling creates fear among patients and health workers and continues to block access to care.