In , Kenya voted to adopt a new constitution that recognizes health as a fundamental right, which includes abortion, post-abortion care, and emergency medical treatment. The Constitution enshrined abortion rights in law, marking a promising turning point for reproductive rights in the country. Criminal enforcement of the penal code has led Kenyan women and girls to face harassment, as well as wrongful arrest and prosecution, for seeking an abortion.
Health care providers are also reluctant to provide safe care while the penal code remains in place, even in emergencies. Consequently, abortion care remains nearly unobtainable throughout the country. The Center for Reproductive Rights has challenged the criminalization of reproductive health care in Kenya and sought to actualize the promise of the Kenyan Constitution.
The Center has achieved critical victories advancing reproductive rights in the country, including two landmark rulings from the High Court of Kenya, and continues to fight for safe and legal abortion care for all Kenyans.
In , the High Court of Kenya in Malindi affirmed that abortion is a fundamental right under the Constitution of Kenya. The landmark ruling also held that arbitrarily arresting and prosecuting patients seeking abortion care or health care providers offering abortion services is illegal. Attorney General et al, in The decision also notes that access to abortion impacts values vital to the Constitution of Kenya, including dignity, autonomy, equality, and bodily integrity. The ruling was the first in Africa to address abortion as a constitutional right.
In addition to litigation, the Center has also published several reports on the state of access to safe abortion in Kenya.
