Kenyan court upholds women’s right to safe abortion
The ruling has been celebrated as a progressive milestone for women’s rights in Kenya and across Africa affirming that reproductive health care must prioritize the life, health, and dignity of women and girls.
Nairobi: Kenyan civil society organizations have welcomed a landmark ruling by the High Court of Kenya that struck down a restrictive clause in the National Reproductive Health Policy 2022–2032, saying it marks a major victory for women’s reproductive rights.
In a judgment delivered on October 2, 2025, the High Court nullified Paragraph 12 of Clause 3.4.1, which sought to limit access to abortion by requiring that the highest attainable standard of health of the foetus” be prioritized before services could be provided.
The court ruled that the clause contradicted Article 26(4) of the 2010 Constitution, which guarantees access to safe and legal abortion when, in the opinion of a trained health professional, the life or health including physical, mental, and social well-being of a pregnant woman is at risk, or when permitted by any written law.
Civil society groups said the decision reinforces women’s dignity and autonomy in making reproductive health decisions and protects those seeking life-saving medical care.
“This judgment affirms that women and girls in Kenya have a constitutional right to safe and legal abortion. It recognizes their lived realities and ensures that their health is not placed secondary to the foetus,” the organizations said in a joint statement.
They added that the ruling is a vital step toward reducing maternal deaths linked to unsafe abortion, which remains a serious public health challenge in Kenya.
According to the African Population and Health Research Centre (APHRC), up to 14 percent of unintended pregnancies in Kenya end in unsafe abortions, leading to life-threatening complications and contributing to high maternal morbidity and mortality rates.
By striking down the clause, the court has effectively prevented what civil society described as “an arbitrary and dangerous restriction” on women’s reproductive health services.
The ruling has been celebrated as a progressive milestone for women’s rights in Kenya and across Africa affirming that reproductive health care must prioritize the life, health, and dignity of women and girls.
Do you have an advertisement or article you want to publish? Mail us at theugreports@gmail.com or WhatsApp +256757022363.
