In a victorious decision by the High Court of Kenya in PAK and Salim Mohammed v. Attorney General et al., a case brought by the Center for Reproductive Rights and the Reproductive Health Network Kenya (RHNK) in 2020 against government officials in the town of Malindi and the county of Kilifi, affirmed that abortion care is a fundamental right under the Constitution of Kenya and that arbitrary arrests and prosecution of patients and health care providers for seeking or offering abortion services are illegal. The Court also directed the Kenyan parliament to enact an abortion law and public policy framework that aligns with the Constitution.
The Court’s Ruling Affirmed That :
- Abortion care is a fundamental right under the Constitution of Kenya and that arbitrary arrests and prosecution of patients and health care providers seeking or offering such services is illegal.
- Protecting access to abortion impacts vital Constitutional values, including dignity, autonomy, equality, and bodily integrity.
- Criminalizing abortion under the penal code without Constitutional statutory framework is an impairment to the enjoyment of women’s reproductive rights.
