Oct 9, 2025
Center for Reproductive Rights
On October 2, 2025, the High Court of Kenya struck down Paragraph 12 of Clause 3.4.1 of the National Reproductive Health Policy 2022–2032, which sought to limit access to safe and legal abortion by requiring, in addition to the health and life of the mother, that the highest attainable standard of health of the foetus be prioritised before services can be provided. The court found that the clause contradicts Article 26(4) of the Constitution of Kenya, 2010 and would put women and girls in need of reproductive health services at risk.
The judgment confirms that access to safe and legal abortion is a constitutional right when, in the opinion of a trained health care professional, there is need for emergency treatment, where the life or health (including physical, mental and social well-being) of the pregnant woman is in danger, or when permitted by any written law. This means that the health of the foetus cannot be independently prioritized over the life or health of the pregnant woman. This judgment centers on the reproductive health and dignity of women and girls and speaks to the lived realities and needs of those who seek safe and legal abortion services.
Continued: https://reproductiverights.org/joint-statement-kenyan-civil-society-organizations-celebrate-court-decision-striking-down-restrictive-clause-on-abortion-and-prioritizing-womens-reproductive-health/