May 19, 2021
By Evelyn Odhiambo
African laws largely restrict abortion with only 3 countries; Tunisia, Zambia, and South Africa where abortion is broadly permitted even upon a woman’s request.
In many African countries, abortion is restricted with a provision like: when the life of the mother is in danger or case of an emergency. Kenya is among the many African countries where abortion restricted under article 26 (4) of the 2010 constitution.
Health providers must be protected by the law adequately
By Evelyne Opondo
Published Sat, November 4th 2017
On October 19, the Court of Appeal put an end to Jackson Namunya Tali’s nearly nine years in prison. In the momentous decision, the three-judge bench ruled that mere suspicion, however strong, is not probative of an offence in the criminal justice system.
Tali, a trained nurse who operated a clinic in the outskirts of Nairobi, was arrested in 2009 and accused of assisting a woman procure an unsafe abortion that consequently led to her death. Rather than being charged with the offence of unlawful abortion, he was charged with murder, convicted and imprisoned at the Kamiti Maximum Security Prison.
Continued at source: https://www.standardmedia.co.ke/article/2001259242/health-providers-must-be-protected-by-the-law-adequately
KENYA- Nurse Jackson Talia acquitted of murdering a woman who died from an unsafe abortion
by International Campaign for Women's Right to Safe Abortion
Oct 24, 2017
In July 2009, a pregnant woman came to a primary care health clinic in Gachie, Kiambu County, in severe pain and having been bleeding for eight days from a botched abortion. Mr Tali, a nurse at the clinic, tried to help her but determined that she needed to go to a hospital to receive specialized medical attention. However, the woman died in his car as she was being transferred to a higher level facility that could better handle her complications.
Mr Tali was held in custody at the GK Kamiti Maximum Prison from July 2009 until September 2014, when he was finally brought to trial. At trial, the High Court judge found him guilty of helping the young woman obtain an unsafe abortion and sentenced him to death for murder. Although the government pathologist testified that he was unable to find the cause of death, the Court held that there was direct and circumstantial evidence that the immediate cause of death was bleeding that resulted in anaemia due to interference with the pregnancy.
Nurse Acquitted in a Pregnancy Complications Case
10.19.17 - (PRESS RELEASE) Today the Court of Appeal of Kenya acquitted Jackson Tali, a registered nurse who was arrested and sentenced to death on murder charges.
Mr. Tali, who has been in custody at the G.K Kamiti Maximum Prison since July 2009 was convicted and sentenced to death in September 2014 after a young woman presenting with pregnancy complications at his clinic died in his care. Mr. Tali was represented by the Center for Reproductive Rights.
Continued at source: https://www.reproductiverights.org/press-room/nurse-acquitted-in-a-pregnancy-complications-case
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