This archive report was first published on 12 July 2019.
On June 12, this year, the High Court delivered a landmark decision that has far-reaching implications for the lives of women and girls in Kenya. The court ruled that the Ministry of Health's withdrawal of guidelines on safe abortion care in 2013 and its subsequent ban on abortion-related training in 2014 were arbitrary and unlawful.
The guidelines, which were published in September 2012, provided a vital framework for healthcare providers on when and how to provide safe and legal abortion and post-abortion services. They also provided a framework on how to prevent unintended pregnancies through access to accurate sexual and reproductive health information.
The court's decision was sparked by the tragic case of an adolescent girl, 'JMM', who was defiled by an older man and died in June last year after seeking an unsafe abortion. The court declared that the right to health, life, non-discrimination, consumer rights, information, and right to scientific progress of women and girls of reproductive age were infringed upon in the case of JMM and are threatened by the actions of the ministry.
According to the Kenya National Commission on Human Rights (KNCHR), the withdrawal of the guidelines and the ban on abortion-related training have resulted in the deaths of seven women every day, or 2,555 women yearly, from unsafe abortions. The KNCHR had recommended in its 2012 report that the government develop standards and guidelines providing guidance on the implementation of the constitutional provision on abortion.
The court's decision reaffirms the centrality of fundamental rights for all as provided for under the Bill of Rights. However, the test lies in the implementation of the momentous court decision. For women and girls to fully enjoy their rights set out in the Constitution and the court ruling, the ministry must reinstate the guidelines and resume the training of all health professionals on the provisions of safe and legal abortion.
It is imperative that the ministry ensures women and girls have access to accurate and comprehensive sexual and reproductive health information. This can be achieved by disseminating information on safe and legal abortion at all levels. Part of achieving the 'Big Four Agenda' requires that we take measures to stop the grim statistic of fatalities from unsafe abortions.
