“Abortion Is Not A Right!” – Court Of Appeal Rules, Overturns 2022 Ruling
The Court of Appeal has delivered a major ruling on abortion laws in Kenya, overturning an earlier High Court decision that had interpreted the Constitution as offering broader protections on reproductive health rights.
In the judgment delivered in Malindi on Friday, April 24, a three-judge bench ruled that abortion remains illegal in Kenya except in the limited circumstances allowed by the Constitution.
The court clarified that termination of pregnancy is only permitted when a qualified medical doctor determines that there is a serious risk to the life of the expectant mother.
The decision followed consolidated appeals by the State and other parties, who challenged the 2022 High Court ruling that had expanded access to safe and legal abortion services based on constitutional rights and gaps in existing laws.
#hotoffthebench
— Joshua Malidzo Nyawa (@joshuamalidzo) April 24, 2026
The Court of Appeal has reversed the PAK decision holding that:
'In effect, abortion is not a fundamental right guaranteed under the Constitution' https://t.co/yb9ikYk7IQ pic.twitter.com/2JXTkQETm2
As such, the court has found that termination of pregnancy amounts to killing an unborn child.
“In effect, abortion is not a fundamental right guaranteed under the Constitution,” read part of the judgment delivered by Justices Gatembu Kairu, Kibaya Laibuta, and Grace Ngenye.
The judges anchored their reasoning on Article 26 of the Constitution, noting that the right to life begins at conception, and that this principle carries significant legal weight in assessing the legality of termination of pregnancy.
At the same time, the Court acknowledged that the Constitution does not impose an absolute prohibition, but instead provides narrowly defined exceptions under which abortion may be lawful.
Under the Kenyan law, these prohibitions include emergency treatment, risk to the mother’s life or health, or where permitted by other written law.
Following this interpretation, the appellate court reinstated criminal proceedings that had been halted by the High Court decision, directing that the cases be heard and determined on their merits by the trial court.
“Consequently, the judgment and decree of the High Court of Kenya at Malindi (R. Nyakundi, J.) dated 24th March 2022 are hereby set aside,” the judges ruled.
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“The proceedings in the Senior Principal Magistrate’s Court at Kilifi in Criminal Case Nos. 395 and No. 396 of 2019 are reinstated for hearing and determination on their merits.”
A 2025 report by the Ministry of Health established that between 2003 and 2004, more than 792,000 cases of induced abortions occurred in the country, representing 57.3 abortions per 1,000 women between 15 and 49 years.
Shockingly, approximately 80 per cent of those who procured the services were married or women living together with a partner.
65 per cent had previously given birth, with 32 per cent having given birth to at least two or three children.
“Abortion Is Not A Right!” – Court Of Appeal Rules, Overturns 2022 Ruling
