NAIROBI - Kenyans are expressing mixed reaction following a court ruling that access to abortion is no longer considered a fundamental right.
An appeals court on Friday overturned a landmark decision.
It has sparked debate in a deeply religious society where the procedure, while legal under certain conditions, remains highly stigmatised.
"I don't think abortion should be legalised, and it should not be a fundamental right. The right of the unborn must be upheld, and this second ruling, which said it is not a fundamental right, is the best thing. I agree with the Court of Appeal ruling because once there is that relationship between a man and a woman, and there is a conception, that foetus should be allowed to develop into a baby and be born onto this earth, because biblically, it is wrong to kill, because abortion is killing," one local said.
"I think the option for abortion should be someone's personal decision. Like people carry out abortions for many other reasons, and I think an individual should be able to decide whether they want to do it or not, rather than let's say the government or someone else deciding for them," said another local.
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On 25th March 2022, the High Court of Kenya in Malindi issued a landmark ruling, affirming that abortion care is a fundamental right under the Constitution of Kenya, limited only by Article 26(4).
The Court declared the arrest, detention, charges, and prosecution of both PAK and Mohammed unlawful.
It confirmed that patient -provider communication is constitutionally protected and ruled that a trained health professional acting in good faith shall not be guilty of a Penal Code abortion offence.
On 24 April 2026, the Court of Appeal overturned these findings, reinstating criminal proceedings against a young woman and a healthcare provider.
The advocacy organisation, the Center for Reproductive Rights, disagrees with the Court of Appeal's findings and will move to the Supreme Court of Kenya to overturn the ruling.
“This decision raises significant concerns about access to reproductive health services in Kenya. This case forms part of a broader pattern in which individuals seeking or providing reproductive healthcare face criminal sanction, despite constitutional guarantees of dignity, health, and freedom from cruel, inhuman, and degrading treatment.”
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In September 2019, *PAK, a 16 -year-old girl in Kilifi County, experienced pregnancy complications, including severe abdominal pain, dizziness and vaginal bleeding.
She went to a clinic where a trained clinical officer, Salim Mohammed, examined her, and determined she had lost the pregnancy, and provided emergency post -abortion care.
The Police arrested both PAK and Mohammed, a licensed healthcare professional and detained them.
PAK was arrested from her hospital bed and detained her at Ganze Police Patrol Base for two nights, without medical care. A few days later, police officers stormed the clinic and seized PAK’s medical records, and she was remanded at Malindi Juvenile Remand Prison for over a month.