The High Court in Malindi has declared abortion-related arrests and prosecution illegal.
In a landmark ruling on Friday, Justice Reuben Nyakundi stated that abortion care is a fundamental right under the Constitution of Kenya, adding that protecting access to abortion impacts vital constitutional values, including dignity, autonomy, equality, and bodily integrity.
The judge further noted that criminalizing abortion under the Penal Code without a Constitutional statutory framework is an impairment to the enjoyment of women’s reproductive rights.
Justice Nyakundi made the ruling in a case where a 16-year-old minor and a clinical officer who provided post-abortion care to her were charged in November 2020.
The girl sought medical care at a clinic in Kilifi after she experienced pregnancy-related complications, according to court documents.
Upon examination, the clinical officer established that teenager had lost a pregnancy and went on to provide her with the needed care, but police stormed the clinic and arrested the two on offense of abortion.
The clinical officer was detained for one week while the girl was held in a juvenile remand for over a month as she sought to raise the cash bail for her release.
Justice Nyakundi also directed Parliament to enact an abortion law and public policy framework that aligns with the Constitution. He ruled that arbitrary arrests and prosecution of patients and healthcare providers for seeking or offering such services is illegal.
Kenya’s 1963 Penal Code criminalizes all abortion care, including those allowed under the Constitution 2010. The constitution permits abortion if there is a need for emergency treatment or the life or health of the mother is in danger.
The landmark ruling offers relief and protects patients seeking abortion services and healthcare providers offering the services.
Evelyne Opondo, Senior Regional Director for Africa at Center for Reproductive Rights said the ruling is a victory for all women, girls, and healthcare providers who have been treated like criminals for seeking and providing abortion care.
Looks like Stupid here is…
Looks like Stupid here is been paid by the liberals in America
You nailed it A GIRL TOTO…
You nailed it A GIRL TOTO. Yes he has been Paid. But wait Until his Wife, Daughters, and Granddaughters begin to Abort because my Husband, Dad or Grandpa said so. He will have no Descendants. And who knows: He could be in the Down-low and yet to Come out.
Oh yea wait until your…
Oh yea wait until your daughter get raped by a pack of bangers or your enemy(who killed your wife) and then come tell us how you feel, see how this is going….
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The girl had a complication…
The girl had a complication and was getting care for the complications, not an abortion, but why spoil a good propaganda piece with facts?
Grow a womb and treat it how you want. The judge did not force anyone to have an abortion, he ruled for bodily autonomy and choice. You want to carry a pregnancy to term, good for you and happy parenthood. On the other hand if your pregnancy is not viable, you have the choice to end it.
now we talking. my body my…
now we talking. my body my choice
I’m pro life. But if it…
I’m pro life. But if it means that this girl was having issues with the pregnancy, then let it be.
Abortion should be treated on case by case basis.
All should be able to protect life.
The issue is folks being careless, even with all the protection available.
Abortion ends up destroying…
Abortion ends up destroying black lives more than any other. If u can’t lower the heat then attend the zoom class on How to put a condom on a banana.
It is best to prevent a…
It is best to prevent a problem than pretending that all will be well. Men do not carry children and have no business telling women what they should do with their bodies when half the time they are the source of the problems through rape and incest creating all these unwanted pregnancies and more like running for the hills after knocking up the woman .Other kids always asking where is my daddy or why was I not wanted the list is endless.Roe versus Wade got it right decades ago stop trying to reinvent the wheel.