Abortion in Kenya
Kenya’s 2010 Constitution permits abortion when, in the opinion of a trained health professional, it is necessary to protect the life or health, physical, mental, or social, of the pregnant person, or in cases of emergency, rape, or incest. However, the Penal Code criminalizes abortion in almost all circumstances except when it is performed to save the life of the mother. This means that while the Constitution allows abortion for broader health reasons and in cases of sexual violence, the Penal Code only permits it to save the person’s life. This legal contradiction creates confusion among healthcare providers and patients, leading to the denial of services that should be legally accessible under the Constitution [1].
Is abortion legal in Kenya?
Abortion is legally permitted in Kenya under the 2010 Constitution for specific cases such as risk to the pregnant person’s life or health, rape, and incest. However, the Penal Code has not been updated and still criminalizes most abortions except those performed to save the person's life. While the Constitution provides clear grounds for legal abortion, the Penal Code remains restrictive, leading to a clash in legal interpretation. Healthcare providers often hesitate to offer abortion care due to fear of prosecution under the Penal Code, despite constitutional protections.In recent court rulings, such as the 2019 FIDA-Kenya and 2022 PAK & Salim Mohammed cases, Kenyan courts have affirmed abortion as a constitutional right under the specified circumstances [2]. However, lack of updated national guidelines and widespread stigma continue to hinder practical access to safe abortion.Unsafe abortion remains a major public health issue in Kenya, with an estimated 790,000 abortions occurring annually, most of which are unsafe and contribute significantly to maternal morbidity and mortality [3].
Abortion with pills in Kenya
In-clinic abortion in Kenya
Support and Resources in Kenya
Who can I contact for more information about abortion in Kenya?
Please contact the following organizations to access abortion services and information.
Reproductive Health Network
Toll-Free Hotline and WhatsApp Support for Reproductive Health Information
Hotline
0800211227
Connect
Reproductive Health Services
Support for Sexual and Reproductive Health Care
Hotline
0722830008 / 0722525416
Marie Stopes International Kenya
Post abortion care (PAC) information and support or for safe abortions that are legally allowed.
Connect