Wednesday, June 10, 2026
  • News
    • Latest News
    • Breaking News
    • Fact Check
    • Investigations
    • Explainers
  • Politics
    • Global Politics
    • Elections
    • Government & Policy
    • Diplomacy
    • Conflicts & Security
    • Political Analysis
  • Business
    • Global Economy
    • Markets
    • Technology
    • Startups
    • Energy
    • Finance
  • World News
    • Americas
    • Asia
    • Asia Pacific
    • Africa
    • Europe
    • Middle East
  • Africa
    • Central Africa
    • East Africa
    • West Africa
    • Southern Africa
  • Health
    • Global Health
    • Public Health
    • Health Policy
    • Medical Research
    • Diseases & Conditions
    • Mental Health
    • Nutrition
    • Climate & Health
    • Health Explainers
  • Sports
    • Athletics
    • Basketball
    • Boxing
    • Cricket
    • Football
    • Formula 1
    • Golf
    • Rugby
  • Weather
    • Climate Business
    • Climate Change
    • Climate Solutions
    • Living Green
  • Culture
    • Arts
    • Film & TV
    • Food
    • Music
    • Lifestyle
    • Travel
  • Opinion
    • Editorials
    • Letters
  • Behind The Brand
REGISTER
LOGIN
No Result
View All Result
The Kenya Times
  • News
    • Latest News
    • Breaking News
    • Fact Check
    • Investigations
    • Explainers
  • Politics
    • Global Politics
    • Elections
    • Government & Policy
    • Diplomacy
    • Conflicts & Security
    • Political Analysis
  • Business
    • Global Economy
    • Markets
    • Technology
    • Startups
    • Energy
    • Finance
  • World News
    • Americas
    • Asia
    • Asia Pacific
    • Africa
    • Europe
    • Middle East
  • Africa
    • Central Africa
    • East Africa
    • West Africa
    • Southern Africa
  • Health
    • Global Health
    • Public Health
    • Health Policy
    • Medical Research
    • Diseases & Conditions
    • Mental Health
    • Nutrition
    • Climate & Health
    • Health Explainers
  • Sports
    • Athletics
    • Basketball
    • Boxing
    • Cricket
    • Football
    • Formula 1
    • Golf
    • Rugby
  • Weather
    • Climate Business
    • Climate Change
    • Climate Solutions
    • Living Green
  • Culture
    • Arts
    • Film & TV
    • Food
    • Music
    • Lifestyle
    • Travel
  • Opinion
    • Editorials
    • Letters
  • Behind The Brand
  • News
    • Latest News
    • Breaking News
    • Fact Check
    • Investigations
    • Explainers
  • Politics
    • Global Politics
    • Elections
    • Government & Policy
    • Diplomacy
    • Conflicts & Security
    • Political Analysis
  • Business
    • Global Economy
    • Markets
    • Technology
    • Startups
    • Energy
    • Finance
  • World News
    • Americas
    • Asia
    • Asia Pacific
    • Africa
    • Europe
    • Middle East
  • Africa
    • Central Africa
    • East Africa
    • West Africa
    • Southern Africa
  • Health
    • Global Health
    • Public Health
    • Health Policy
    • Medical Research
    • Diseases & Conditions
    • Mental Health
    • Nutrition
    • Climate & Health
    • Health Explainers
  • Sports
    • Athletics
    • Basketball
    • Boxing
    • Cricket
    • Football
    • Formula 1
    • Golf
    • Rugby
  • Weather
    • Climate Business
    • Climate Change
    • Climate Solutions
    • Living Green
  • Culture
    • Arts
    • Film & TV
    • Food
    • Music
    • Lifestyle
    • Travel
  • Opinion
    • Editorials
    • Letters
  • Behind The Brand
No Result
View All Result
The Kenya Times ~ Trending, Breaking News and Videos
No Result
View All Result
ADVERTISEMENT

Court of Appeal Delivers Landmark Ruling on Abortion

Annah Nanjala WekesabyAnnah Nanjala Wekesa
April 24, 2026
Reading Time: 4 mins read
Why Dpp Wants Baby Pendo Case Transferred From Nairobi

The Milimani Law Courts. PHOTO/JSC

FacebookTwitterLinkedInRedditWhatsApp
Advertisement

The Court of Appeal of Kenya has overturned a 2022 High Court ruling that had recognized abortion as a fundamental right.

In its decision delivered on Friday, April 24, the appellate court held that abortion is not a fundamental right under the Constitution, but rather an act that is generally prohibited, subject to specific exceptions.

The court ruled that while the Constitution guarantees the right to life from conception, abortion is only permissible under limited circumstances outlined in law.

“Having scrutinized the records in the two consolidated appeals, the written and oral submissions by respective counsel for the parties, the respective briefs by learned counsel for amici curiae, the cited judicial authorities and the law, we find that the two consolidated appeals succeed and are hereby allowed,” the court ruled.

“Consequently, the judgment and decree of the High Court of Kenya at Malindi (R. Nyakundi, J.) dated 24th March 2022 be and are hereby set aside.”

Court of Appeal Rules Abortion Not a Constitutional Right in Kenya

In its judgment, the court stated that termination of pregnancy may be allowed where, in the opinion of a trained health professional, there is a need for emergency treatment, the life or health of the mother is at risk, or where it is permitted by any other written law.

Outside these exceptions, the court noted that abortion remains restricted, with punitive provisions in place. It added that under Sections 158, 159, and 160 of the Penal Code, the prosecution must establish the element of unlawfulness in accordance with the requirements of those provisions.


Also Read: Kenyan Court Orders Exhumation After Man Was Buried by Unidentified Woman


High Court Ruling

On October 6, 2025, a three-judge bench of the Court of Appeal of Kenya comprising Justices Gatembu Kairu, Grace Ngenye, and Kibaya Laibuta heard consolidated appeals challenging a 2022 High Court ruling on abortion rights.

The appeals—filed in the cases of Ann Kioko and Kenya Christian Professionals Forum & Another versus PAK & Others, and the State Law Office and the ODPP & others versus PAK and Salim Mohammed & Others—arose from the High Court decision in PAK & another v Attorney General & 3 others.

In that 2022 judgment, the High Court held that abortion is a fundamental right under the Constitution, while noting that the right is not absolute under Article 26(4).

The court also directed Parliament to enact legislation and policies to give effect to the constitutional provisions governing abortion.


Also Read: Abortion in Kenya and Benin: Medical Safety isn’t enough – women and girls need to feel safe socially too


Appellants’ Arguments

The appellants argued that the High Court erred in law and fact by recognizing abortion as a fundamental right.

They relied on the 2019 decision in Federation of Women Lawyers (Fida – Kenya) & 3 others v Attorney General & 2 others; East Africa Center for Law & Justice & 6 others (Interested Party) & Women’s Link Worldwide & 2 others (Amicus Curiae) [2019] KEHC 6928 (KLR), where a five-judge bench held that abortion is illegal in Kenya except under the circumstances outlined in Article 26(4) of the COK.

They argued that the Constitution clearly provides that life begins at conception and that abortion is only permissible in specific, limited situations.

According to the appellants, the trial court misinterpreted Article 26(4) by framing abortion as a fundamental right rather than a limitation of rights and by extending the right to privacy in a manner that excludes the rights of the unborn child.

They also criticized the High Court’s reliance on foreign jurisprudence, including the U.S. Supreme Court’s Roe v. Wade decision, which has since been overturned.

However, the respondents, represented by the Center for Reproductive Rights, submitted that the Court correctly interpreted Article 26(4).

They claimed that while the right to abortion is not absolute, criminalizing it entirely undermines other constitutional rights such as privacy, dignity, and the right to the highest attainable standard of health.

Further, they argued that Kenya’s restrictive legal framework and the absence of clear guidelines contribute to unsafe abortions, stigma, and denial of essential healthcare, amounting to violations of constitutional rights. The respondents, therefore, urged the Court of Appeal to dismiss the appeals and uphold the High Court’s judgment.

The Successful Procedure For Name Change Involves A Deed Poll, Official Registration, And Public Notification In The Kenya Gazette Applies To Adults.
A court gravel. PHOTO/ ODPP

Tags: AbortionCourt of Appeal
Annah Nanjala Wekesa

Annah Nanjala Wekesa

Annah Nanjala Wekesa is a journalist at The Kenya Times, with a passion for crafting news-worthy stories that leave a lasting impact. She holds a Bachelor of Arts in Communication and Media from Kisii University. She has honed her skills in the art of storytelling and journalism. Her passion lies in the art of storytelling that resonates with audiences, driving a commitment to delivering news-worthy stories through the lens of integrity and precision. She can be reached at [email protected]

Related Posts

An Appeal Court Has Upheld The Conviction Of A Motorist Who Was Found Guilty Of 'Careless Driving' And Fined Ksh200,000 Or A 3-Year Jail Term.

Court Explains the Legal Mistake That Invalidated a KSh200,000 Conviction

June 9, 2026
Aak Demands Withdrawal Of Charges In Manzil Towers Collapse Case

Architects Slam ODPP Over Criminal Charges Linked to Manzil Towers Tragedy

June 7, 2026
Houston Police Car. Photo/ Houston Ploice Officers' Union

Kenyan Convicted for Using Stolen Nurse Identities to Infiltrate US Care Homes

June 6, 2026
Gachagua Impeachment Upheld By High Court In Landmark Ruling

School Sued for Asking Students to Pay Ksh 33,000 Each in Damages After Strike

June 5, 2026

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

ADVERTISEMENT

The Kenya Times Facebook

LATEST ARTICLES

  • Trump Reveals Secret Mission U.S. Forces Have Been Carrying Out in the Strait of Hormuz
  • Australia Recruiting Kenyans As Police Officers: How to Apply
  • Democrat Warns Black Voters Could Exit Politics Entirely if Reparations Are Blocked
  • Nairobi’s Top 10 Nyama Choma Spots You Must Try in 2026
  • Trump Moves to Dismantle ODNI, as Former Aide Calls It a ‘Fake Agency’
  • Top Kenyan Songs 2026, Biggest Hits Dominating the Airwaves
  • TSC Proposes New Career Progression System for TTC Teachers
  • How to Watch the 2026 FIFA World Cup in Kenya: Full TV and Streaming Guide
  • Google Updates Search History and Personalization: What You Need to Know
  • Africa’s Digital Economy Is Booming – Here Are the Tools Driving It
  • Americans Hit Hard as Inflation Surges to Highest Level in Over Three Years
  • Erasmus Mundus Scholarship for Kenyans 2026: Eligibility and How to Apply
  • SHA-Approved Nyeri Health Facilities and Specialized Treatment Centers [List]
  • Kenya Benchmarks in Italy Ahead of Nairobi Metropolitan Police Unit Launch
  • Businessman Reportedly Abducted in Nairobi
ADVERTISEMENT

Company

About Us

Our Authors

Our Experts

Social Media

Policies

Privacy Policy

House Rules

Standards and Policies

Terms and Conditions

Subscription

My Account

Contact Us

Contact Us

Join Our Team

Advertise With Us

© Copyright 2026 | The Kenya Times | All Rights Reserved

Welcome Back!

Sign In with Facebook
Sign In with Google
Sign In with Linked In
OR

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Sign Up with Facebook
Sign Up with Google
Sign Up with Linked In
OR

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
Your Privacy and Cookies
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
Cookie settingsACCEPT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
LOGIN | REGISTER
  • Login
  • Sign Up
  • Cart
No Result
View All Result
  • News
    • Latest News
    • Breaking News
    • Investigations
    • Explainers
    • Fact Check
  • Politics
    • Global Politics
    • Conflicts & Security
    • Elections
    • Diplomacy
    • Government & Policy
    • Political Analysis
  • Business
    • Global Economy
    • Markets
    • Technology
    • Startups
    • Energy
    • Finance
  • World News
    • Americas
    • Asia
    • Asia Pacific
    • Africa
    • Europe
    • Middle East
  • Africa
    • East Africa
    • West Africa
    • Southern Africa
    • Central Africa
  • Health
    • Global Health
    • Public Health
    • Health Policy
    • Medical Research
    • Diseases & Conditions
    • Mental Health
    • Nutrition
    • Climate & Health
    • Health Explainers
  • Sports
    • Athletics
    • Basketball
    • Boxing
    • Cricket
    • Football
    • Formula 1
    • Golf
    • Rugby
  • Weather
    • Climate Business
    • Climate Change
    • Climate Solutions
    • Living Green
  • Culture
    • Arts
    • Film & TV
    • Food
    • Lifestyle
    • Music
    • Travel
  • Opinion
    • Editorials
    • Letters
  • Behind The Brand
  • Contact Us

Not enough quota to unlock this post
Unlock left : 0
Are you sure want to cancel subscription?