Abortion in Kenya

Abortion in Kenya is prohibited with the exception of certain circumstances including danger to the life and health of the expectant mother, and rape.[1][2][3] Unsafe abortions are a major cause of deaths and health complications in Kenya.[4][5]

Legislative policy

Abortion in Kenya is regulated by Article 26(IV) of the Constitution of Kenya, which states that:

Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.[1]

Unsafe abortions are a leading cause of maternal morbidity and mortality in Kenya.[5]

The 2010 Kenyan constitutional referendum that introduced article 26 broadened access to abortion by allowing it for maternal health reasons.[2] The National Council of Churches of Kenya, which feared it would lead to the legalisation of abortion, opposed the amendment.[6]

Pregnancies that are the result of a rape can be terminated by experts, a June 2019 judgment by the Supreme Court ruled. The court was compelled to advise health workers to provide safe and legal abortion in a petition by the Kenyan Federation of Women Lawyers (FIDA).[3]

Statistics

A survey of 2012 by the Kenyan Ministry of Health, African Population and Health Research Center and IPSAS found that there were 464,000 abortions induced that year, which translates to an abortion rate of 48 per 1,000 women aged 15–49; and an abortion ratio of 30 per 100 live births. About half (49 %) of all pregnancies in Kenya were unintended and 41 % of unintended pregnancies ended in an abortion.[5] Marie Stopes International estimates that 2,600 women die from unsafe abortions annually, an average seven deaths a day.[4] Nearly 120,000 women are hospitalized each year due to abortion-related complications.[5]

The publication of these statistics in 2018[7] and the death of activist Caroline Mwatha in February 2019 following an unsafe abortion[8] had brought the debate on abortion to the forefront in 2019.


References
  1. "Constitution of Kenya - Article 26(4)". Kenya Law. 2010. Archived from the original on 17 February 2015. Retrieved 13 March 2020.
  2. Bhalla, Nita (12 July 2018). "Kenya's high court to decide on safe abortion as teenager dies". Reuters. Retrieved 9 March 2019.
  3. "High Court rules abortion remains illegal in Kenya". Capital News. 13 June 2019. Retrieved 21 August 2019.
  4. Ratcliffe, Rebecca (21 December 2018). "Kenya lifts ban on Marie Stopes abortion services after warning lives are at risk". the Guardian. Retrieved 1 March 2019.
  5. Mohamed SF, Izugbara C, Moore AM, Mutua M, Kimani-Murage EW, Ziraba AK, Bankole A, Singh SD, Egesa C (August 2015). "The estimated incidence of induced abortion in Kenya: a cross-sectional study". BMC Pregnancy Childbirth. 15: 185. doi:10.1186/s12884-015-0621-1. PMC 4546129. PMID 26294220.
  6. Richard Allen Greene (4 August 2010). "Kenya's churches unite against draft constitution". CNN. Retrieved 9 March 2019.
  7. Ombuor, Rael (7 February 2019). "Kenya Debate Ignites Over Issue of Unsafe Abortions". VOA. Retrieved 14 April 2019.
  8. Mboga, Jael (27 February 2019). "Post-abortion care in a land where it is illegal". The Standard. Retrieved 14 April 2019.
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