Open Secret About Abortion in Kenya

Is Abortion Legal in Kenya?

The debate on whether abortion Is Abortion Legal in Kenya or not has been discussed and debated in different platforms for long. Some argue that the practice is totally evil and illegal while other argue that it Depends on the circumstances; it’s either partially legal or partially criminal, according to a qualified health practitioner.

What does the Constitution of Kenya (2010) say about Abortion

It is well known that according the Constitution of Kenya (2010, Article 26(1) asserts that every person has the right to life, which is a fundamental right.

Article 26(4) of the Constitution of Kenya (2010), states that: Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other law.

Under What Circumstances Abortion is Allowed

There Comes a time when Abortion becomes the only option either to as the lesser evil to prevent the worst from happening.

• Emergency Medical Care: If a licensed healthcare provider determines that an abortion is necessary in order to provide emergency medical care, then the procedure may be performed.
• Health Risks: If a certified health expert determines that there is a serious hazard to the fetus’s health or that the mother’s life or health is in jeopardy, abortion is also permitted.
• Cases of Rape/Defilement: are also open to Abortion

Does this leave a Loophole?

Constitution says that Abortion is allow/permits abortion in certain circumstances that are related to the health of the woman or fetus. If the mother’s health is in danger.

However, it does not explain the degree of Health as per the health act refers to a state of complete physical, mental and social well-being and not merely the absence of disease. This gives medics a room to use this provision of the law as a leeway to offer their services to anyone who asks for it.

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