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].
