Kenya’s Court of Appeal delivered a landmark ruling Friday that effectively reverses a 2022 High Court decision affirming women’s constitutional right to access abortion services, plunging the country into a fresh legal battle over reproductive healthcare.
The five-judge bench, in a majority decision, found that the earlier ruling had erred in its interpretation of Article 26 of the Constitution and that the termination of pregnancy ‘amounts to the intentional ending of the life of an unborn child.’ The court declined to strike down the relevant provisions of the Penal Code but instead issued a declaration that the right to abortion is not constitutionally protected in Kenya, except where the life of the mother is at risk.
Women’s rights advocates, who had celebrated the 2022 ruling as a breakthrough moment, expressed outrage and disbelief at Friday’s verdict. The Reproductive Health Healthcare Alliance (RHUA) immediately announced it would seek a further appeal to the Supreme Court.
‘This is a regression not just for women’s rights but for constitutional interpretation in Kenya,’ said Dr. Wanjiru Kamau, a constitutional law lecturer at the University of Nairobi.
The ruling has also drawn sharp reactions from the medical community. The Kenya Medical Association (KMA) submitted an amicus brief warning that the legal uncertainty was creating a ‘chilling effect’ on healthcare providers.
Kenya’s maternal mortality rate — at 342 per 100,000 live births — is already among the highest in the world, and unsafe abortion complications account for a significant share of obstetric emergency admissions at public hospitals.
Pro-life groups welcomed the ruling as a victory for the right to life as enshrined in the Constitution’s Bill of Rights. The Catholic Bishop’s Conference issued a statement praising the court’s ‘courage in recognising the personhood of the unborn child.’
The case now heads to the Supreme Court, where a nine-judge bench will have the final say.
