Kenyan appeal court overturns ruling that affirmed the right to abortion
The ruling says abortion is not a fundamental right and can be allowed only in limited cases, setting up a likely Supreme Court appeal.
- On Friday, a Kenya court of appeal overturned a 2022 ruling that had affirmed abortion as a fundamental right, declaring it is not guaranteed under the Constitution.
- The Kenya Christian Professionals Forum and the attorney general appealed the 2022 decision, arguing the high court ruling distorted constitutional balance regarding abortion access in Kenya.
- Charles Kanjama, lawyer for the Forum, noted the ruling restores penal code provisions where those accused under Sections 158, 159, or 160 must prove they did not perform illegal abortions.
- The Center for Reproductive Rights termed the decision a "setback" and said it would move to the Supreme Court to correct what it views as a legal anomaly.
- Abortion remains prohibited except for life-saving emergencies, as a 2025 Ministry of Health report estimated 792,000 induced abortions occurred in Kenya between April 2023 and May 2024.
21 Articles
21 Articles
Kenya dispatch: Court of Appeal overturns 2022 High Court abortion ruling
Griffins Abuora is a Kenya School of Law student based in Kisumu, where he reports on legal, policy, and human rights developments in Kenya for JURIST. On 24th April 2026, Kenya’s Court of Appeal sitting in Malindi delivered a landmark judgment that reshaped the country’s abortion jurisprudence, firmly holding that abortion is not a fundamental right under the Constitution. The three-judge bench bringing together Justices Gatembu Kairu, Grace Ng…
Kenyan appeal court overturns ruling that affirmed the right to abortion
A court of appeal in Kenya has overturned a ruling that affirmed the right to access abortion. The case involved a teenager and a health care worker who were charged and later acquitted of accessing an abortion.
Kenya Court Rules There’s No Right to Kill Babies in Abortions
Abortion Violates Child’s Right To Life—Kenyan Court - NewsTmes.com.ng
In a major judicial turn of events, the Kenyan Court of Appeal has overturned a previous High Court judgment that had affirmed the right to abortion as a fundamental constitutional provision. The ruling, delivered on Friday, marks a significant shift in a long-running legal battle that has divided the East African nation. The decision effectively … The post Abortion Violates Child’s Right To Life—Kenyan Court appeared first on NewsTmes.com.ng.
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