Posted on 04/27/2026 11:15:08 AM PDT by Morgana
The Court of Appeal of Kenya has overturned a 2022 High Court ruling that had recognized abortion as a fundamental right.
In its decision delivered on Friday, April 24, the appellate court held that abortion is not a fundamental right under the Constitution, but rather an act that is generally prohibited, subject to specific exceptions.
The court ruled that while the Constitution guarantees the right to life from conception, abortion is only permissible under limited circumstances outlined in law.
“Having scrutinized the records in the two consolidated appeals, the written and oral submissions by respective counsel for the parties, the respective briefs by learned counsel for amici curiae, the cited judicial authorities and the law, we find that the two consolidated appeals succeed and are hereby allowed,” the court ruled.
“Consequently, the judgment and decree of the High Court of Kenya at Malindi (R. Nyakundi, J.) dated 24th March 2022 be and are hereby set aside.” Court of Appeal Rules Abortion Not a Constitutional Right in Kenya
In its judgment, the court stated that termination of pregnancy may be allowed where, in the opinion of a trained health professional, there is a need for emergency treatment, the life or health of the mother is at risk, or where it is permitted by any other written law.
Outside these exceptions, the court noted that abortion remains restricted, with punitive provisions in place. It added that under Sections 158, 159, and 160 of the Penal Code, the prosecution must establish the element of unlawfulness in accordance with the requirements of those provisions.
(Excerpt) Read more at thekenyatimes.com ...
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Kenya believe this! Great outcome
*applause*
The most famous Kenyan of all time, disagrees wholeheartedly with that court of appeals. Now mothers all over Kenya will have to put up with all those inconveniences.
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