Trending 
A Kenyan appeals court has overturned a landmark High Court ruling that had declared access to abortion a fundamental right on Friday, April 24, 2026.
Kenya is a Christian country where abortions are legal but still taboo. The country’s 2010 constitution allows it only if the mother’s life or health is in danger. However, the country’s colonial‑era penal code has not been updated, which is creating legal confusion. The Centre for Reproductive Rights says seven Kenyan women die daily from unsafe abortions, and many experience police extortion.
The case began in September 2019, when a 16‑year‑old girl was arrested in a Kilifi hospital alongside a clinician, Salim Mohammed, after she suffered complications from an abortion. The clinician was charged with providing abortion services, and the girl was held in a juvenile prison for over a month. Then, in March 2022, the High Court quashed the charges and ruled that abortion access was a constitutional right.
On Friday, the appeals court reversed that decision, stating: “Abortion is not a fundamental right guaranteed under the Constitution. On the contrary, the Constitution expressly prohibits it but provides exceptions in limited circumstances.” The judges stated that constitutional rights could not block the proper investigation and prosecution of alleged offences.
The Centre for Reproductive Rights called the ruling “a deeply disappointing decision” and said it would appeal to the Supreme Court. The group warned that it raises “significant concerns on access to reproductive health services in Kenya” and is part of a pattern where individuals face criminal sanctions despite constitutional guarantees of dignity and health.
Rights groups say legal uncertainty often leads to police harassment and extortion. A study by the African Population and Health Research Centre, the Ministry of Health, and the Guttmacher Institute estimated that over 790,000 induced abortions occurred in Kenya in 2023, with many complications resulting from unsafe procedures.
