In 2013, a Nairobi housemaid named Mary Omollo was taken to Muthaiga Police Station after being accused of undergoing an unsafe abortion. She was held for two days without medical attention despite visible signs of severe bleeding, according to a 2019 analysis of systemic failures in reproductive healthcare.
Kenyan law permits emergency post-abortion care as a medical intervention, yet gaps in policy implementation continue to endanger women. A 2013 Ministry of Health study estimated 464,690 annual induced abortions, with complications most frequent among girls aged 10-19. A 2018 review found managing these complications costs between Sh433 million and Sh533 million annually.
Despite constitutional protections guaranteeing women's right to emergency medical treatment, guidelines for safe abortion services were suspended in 2013. This led to legal uncertainty for healthcare providers and increased risks of criminalization for women seeking care. The absence of clear protocols has contributed to preventable deaths and stigmatization of both patients and medical staff.
Advocates are urging the Ministry of Health to reinstate these guidelines ahead of International Women's Day 2019. The #BalanceforBetter campaign coincides with calls for policy reforms to ensure women like Mary receive timely, legally protected care without fear of prosecution.
The author, a lawyer specializing in maternal health, serves as Deputy Director of KELIN and is an Aspen New Voices Fellow.
