This case, filed in the High Court of Kenya, involves the Network for Adolescents and Youth of Africa (NAYA-Kenya) and Jackline Mary Karanja as petitioners against the Attorney General, the Kenya Medical Practitioners and Dentists Board (KMPDB), and the Kenya Film and Classification Board (KFCB), among others. The case challenges actions taken by these government agencies that allegedly restrict access to abortion information and services in Kenya.
Background:
In August 2018, Marie Stopes Kenya (MSK), in collaboration with the Ministry of Health, launched a nine-week public awareness campaign addressing comprehensive reproductive health services. The campaign aimed to highlight the dangers of unsafe abortions, abortion stigma, and discrimination against women and girls who have undergone unsafe abortions. However, between September and November 2018, several government agencies intervened:
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The Kenya Film Classification Board (KFCB) banned the campaign, alleging it promoted abortion contrary to Article 26(4) of the Kenyan Constitution and targeted teenage girls by providing alternatives to unwanted or unplanned pregnancies.
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The Kenya Medical Practitioners and Dentists Board (KMPDB) directed MSK to cease offering any form of abortion services in all its facilities across Kenya.
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The Director of Medical Services (DMS) further prohibited MSK from providing any form of post-abortion care (PAC) in all its facilities within Kenya. This PAC ban was lifted on December 19, 2018, after an audit determined that MSK was not violating any laws.
Legal Challenge:
On November 30, 2018, NAYA-Kenya and Jackline Karanja filed a petition challenging these actions, arguing that they unlawfully limited access to abortion information and services, thereby infringing on constitutional rights. The petitioners contend that the bans:
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Violated the right to access reproductive health information and services as enshrined in the Kenyan Constitution.
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Perpetuated stigma against abortion care, deterring women and girls from seeking necessary medical services.
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Contravened the government’s obligation to provide accurate information and lawful healthcare services without interference.
Current Status:
As of January 31, 2025, the highlighting of submissions in Petition No. 428 of 2018 has been rescheduled to June 5, 2025.