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Abortion in Kenya
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Abortion in Kenya
Abortion in Kenya is prohibited with the exception of certain circumstances including danger to the life and health of the expectant mother, and rape. Unsafe abortions are a major cause of deaths and health complications for women in Kenya.
Abortion in Kenya is regulated by Article 26(4) of the Constitution of Kenya (2010), which states that:
Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.
The 2010 Kenyan constitutional referendum that introduced article 26 broadened access to abortion by allowing it for maternal health reasons. Prior to the 2010 referendum, criminalization for abortion was common, especially that of abortion providers. A well-known court case in Kenya took place in 2004 where three healthcare workers were charged with murder after performing an abortion in the Republic v. Nyamu and Others case. Although access has been broadened by Article 26, due to the lack of specificity in the rhetoric of the 2010 clause in the Constitution debates about abortion in Kenya continue. Many providers are reluctant to offer abortions because of the uncertainty regarding whether they would be legally backed and protected under the Constitution regardless of providing safe options to abort.
Prior to the re-draft of the 2010 constitution, many Kenyan anti-abortion advocates and religious leaders, with the support of U.S. pro-life organizations, stood in opposition of the 2010 version of the Constitution of Kenya due to the inclusion of the article concerning abortion. The National Council of Churches of Kenya, which feared it would lead to the legalisation of abortion, opposed the amendment. Those promoting anti-abortion agendas proposed seven amendments to Article 26 of the new drafted 2010 Constitution. Due to the persistent efforts of the Kenyan Federation of Women Lawyers (FIDA) and other women's choice organizations, the amendments were never implemented.
The 2012 [2010] revision of The Kenyan Penal Code Chapter 63 incorporates and prescribes punishments regarding abortion laws. Sections 158-160 directly address women aborting or miscarrying.
Section 158: Attempts to procure abortion
Any person who, with intent to procure miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a felony and is liable to imprisonment for fourteen years.
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Abortion in Kenya
Abortion in Kenya is prohibited with the exception of certain circumstances including danger to the life and health of the expectant mother, and rape. Unsafe abortions are a major cause of deaths and health complications for women in Kenya.
Abortion in Kenya is regulated by Article 26(4) of the Constitution of Kenya (2010), which states that:
Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.
The 2010 Kenyan constitutional referendum that introduced article 26 broadened access to abortion by allowing it for maternal health reasons. Prior to the 2010 referendum, criminalization for abortion was common, especially that of abortion providers. A well-known court case in Kenya took place in 2004 where three healthcare workers were charged with murder after performing an abortion in the Republic v. Nyamu and Others case. Although access has been broadened by Article 26, due to the lack of specificity in the rhetoric of the 2010 clause in the Constitution debates about abortion in Kenya continue. Many providers are reluctant to offer abortions because of the uncertainty regarding whether they would be legally backed and protected under the Constitution regardless of providing safe options to abort.
Prior to the re-draft of the 2010 constitution, many Kenyan anti-abortion advocates and religious leaders, with the support of U.S. pro-life organizations, stood in opposition of the 2010 version of the Constitution of Kenya due to the inclusion of the article concerning abortion. The National Council of Churches of Kenya, which feared it would lead to the legalisation of abortion, opposed the amendment. Those promoting anti-abortion agendas proposed seven amendments to Article 26 of the new drafted 2010 Constitution. Due to the persistent efforts of the Kenyan Federation of Women Lawyers (FIDA) and other women's choice organizations, the amendments were never implemented.
The 2012 [2010] revision of The Kenyan Penal Code Chapter 63 incorporates and prescribes punishments regarding abortion laws. Sections 158-160 directly address women aborting or miscarrying.
Section 158: Attempts to procure abortion
Any person who, with intent to procure miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a felony and is liable to imprisonment for fourteen years.
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