Kenya’s Constitution allows abortion under defined conditions. Yet, failures in access, information, and implementation continue to expose women and girls to unsafe procedures, lawyers, health workers, and survivors said at a forum marking the close of the 16 Days of Activism against Gender Based Violence.
The media roundtable, convened by the Centre for Reproductive Rights and Journalists for Human Rights Kenya, focused on the gap between constitutional protections and the reality women face when seeking reproductive health care, including survivors of sexual violence.
Martin Onyango, an Associate Director, Africa Legal Strategies, said the Constitution sets the only valid grounds for determining when abortion is lawful.
“The Constitution allows abortion in the opinion of a trained health professional in emergencies, or when the life of a woman is in danger, or when the health of a woman is in danger,”Onyango said.
He explained that, as defined in the Health Act, health encompasses physical, mental, and social well-being. Onyango added that the Sexual Offences Act permits termination of pregnancy as a medical remedy for survivors of sexual violence and obligates health workers to inform survivors of this option and treat them with dignity.
“The only other written law that allows for abortion is the Sexual Offences Act, which provides termination as a medical remedy for survivors of sexual violence,” he said.
Despite this legal framework, speakers said many women are unaware of where lawful services are available or encounter health workers uncertain about how to apply the law.
Martin Onyango Speaking
Asia, a survivor who shared her experience at the forum, said these gaps shaped her decisions while she was pursuing a Taekwondo career that depended on remaining eligible for competitions.
“If I were pregnant, I would have an abortion so that I could play and earn money,” she said.
Asia said the collapse of her relationship left her without financial or social support. A friend referred her to an unlicensed provider who carried out the procedure using unsafe methods. A week later, she developed severe pain and was rushed for emergency care, where doctors removed her uterus.
She said the experience was followed by stigma, violence, and rape before she was referred to Nairobi Women’s Hospital for counselling and support.
“If I had known there was a good hospital where I could get services, I would not be where I am now.”
Asia said.
Health care workers said such cases reflect daily realities in health facilities. Samson Mwita of Mwera Health Centre said misinformation and fear continue to keep women away from trained providers.
“Some arrive after already beginning the abortion process, either by taking medication on their own or after seeking assistance from untrained providers. Others come in critical condition, forcing the facility to refer them to other hospitals.” Mwita said.
“There are also women who come in while still pregnant and seeking safe abortion services, and in some cases, the clinic can assist them,” he added.
Mwita said most clients seeking abortion related care are aged between 14 and 25, followed by those aged 25 to 35, with fewer cases among women aged 35 to 50. He said the facility sees four to ten women daily, with up to 60 cases each month, including referrals.
Onyango said confusion among health workers remains widespread, with policies and guidelines often failing to align with the Constitution. He linked the discussion to a petition filed in 2015 by FIDA Kenya, Mumbi, Victoria, and a survivor identified as JMM, which sought clarity on whether abortion is a constitutional right and whether survivors of sexual violence can access it under the Sexual Offences Act.
In 2019, the High Court ruled that abortion is a fundamental right within the limits set by the Constitution and confirmed the right of survivors of sexual violence to access care.
“The High Court agreed that abortion is a fundamental right in Kenya within the limits of the Constitution.” Onyango said.
The court also clarified that nurses, midwives, clinical officers, and doctors qualify as trained health professionals for the purposes of providing abortion services.
Participants said the ruling resolved years of legal uncertainty but warned that without public information, trained providers, and enforcement, the law will continue to exist on paper while women like Asia bear the cost of its failures.