Kenya’s abortion laws have once again been tightened following a decisive ruling by the Court of Appeal, setting clear limits on when termination of pregnancy is legally permissible. The judgment effectively reins in previous interpretations that had widened access, reaffirming a more restrictive legal framework.
In the decision delivered in Malindi on Friday, April 24, a three-judge bench overturned an earlier finding by the High Court that had been seen as expanding constitutional protections around reproductive health rights.
The appellate court held that abortion remains illegal in Kenya except under narrowly defined conditions outlined in the Constitution.
Specifically, the judges stated that termination of pregnancy is only lawful when a qualified medical doctor determines there is a serious threat to the life of the expectant mother.
The ruling arose from consolidated appeals filed by the State and other parties contesting the 2022 High Court decision, which had interpreted constitutional provisions more broadly to allow increased access to safe and legal abortion services.