We are pleased to share a major development in Kenya’s reproductive rights landscape. On 1st September 2025, the High Court of Kenya delivered a landmark judgment in High Court Petition No. 27 of 2022, declaring sections of Kenya’s National Reproductive Health Policy (2022–2032) unconstitutional.
The Court struck down a provision that introduced “the highest attainable standard of health of the unborn child” as a condition precedent to accessing abortion care. Justice E.C. Mwita ruled that this clause was inconsistent with Article 26(4) of the Constitution, which allows abortion when, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health (including physical, mental and social well-being) of the pregnant woman is in danger, or when permitted by any written law.
This judgement is a significant win for reproductive health rights in Kenya, reaffirming that abortion is a constitutional right and that no policy can impose additional restrictions beyond what the Constitution provides. It upholds the authority of trained health professionals and reinforces women’s and adolescents’ dignity, autonomy and equality in accessing reproductive healthcare.
This ruling builds on a broader legal movement advancing abortion rights in Kenya and the region. The Center for Reproductive Rights continues to pursue key cases currently under appeal, including:
- The Malindi Case, which seeks to reaffirm that access to safe abortion is a constitutional right and to end the arbitrary arrest and prosecution of women and healthcare providers seeking or offering essential reproductive services. The judgment is expected on 27th March 2026.
- The JMM Case, where we continue to advocate for access to abortion services as a fundamental right, particularly for survivors of sexual violence. The case is currently awaiting a hearing date before the Court of Appeal.
Together, these cases mark pivotal steps toward realizing reproductive justice in Kenya and ensuring that legal, policy, and institutional frameworks fully align with constitutional guarantees for women and girls.
Following this landmark win, as Kenya Civil Society Organizations we issued a joint statement reaffirming our commitment to advancing reproductive health rights in Kenya through advocacy, strategic litigation, and community mobilization until the full realization of the right to the highest attainable standard of reproductive healthcare is achieved.
The above was prepared and sent by Rose Mutisya – senior Communications and Campaigns Manager
