The court of appeal in Nairobi ruled that abortion is not a fundamental right under the constitution, except in cases where the mother's life is at risk.
The decision follows an appeal by the Kenya Christian Professionals’ Forum and the attorney general, and is expected to be challenged at the Supreme Court by the Center for Reproductive Rights.
Kenya’s penal code criminalizes abortion, though exceptions exist for emergency treatment. An estimated 792,000 induced abortions occurred in Kenya between April 2023 and May 2024, highlighting ongoing public health concerns.
Will Kenya's abortion ruling worsen its maternal mortality crisis?
Beyond the courts, what are the economic costs of restricting safe abortion access?
How will Trump's Global Gag Rule affect Kenyan women after this ruling?
What does 'health of the mother' legally mean after the court's reversal?
Will a teen and her clinician now face prison for post-abortion care?
Is Kenya's legal battle a proxy for a deeper cultural war over women's rights?
Legal Contradiction in Kenya: Constitutional Exceptions vs. Colonial Penal Code Driving 7 Daily Unsafe Abortion Deaths
Overview
In April 2026, the Kenyan Court of Appeal overturned a 2022 ruling, declaring abortion is not a fundamental constitutional right and reinstating criminal charges except in narrow cases where the woman's life or health is at risk. This ruling deepens the conflict between the 2010 Constitution, which allows abortion under specific conditions, and the colonial-era Penal Code that broadly criminalizes it. The resulting legal ambiguity fuels fear, stigma, and inconsistent enforcement, driving many women to unsafe abortions that cause thousands of deaths and severe health complications annually. The decision sparked polarized reactions, with conservative groups supporting it and reproductive rights advocates planning a Supreme Court appeal, while legislative reform remains stalled amid political and social divisions.