On October 2, 2025, the High Court of Kenya struck down Paragraph 12 of Clause 3.4.1 of the National Reproductive Health Policy 2022–2032, which sought to restrict access to safe and legal abortion by prioritizing the highest attainable standard of health of the foetus over the pregnant woman. The court found that this clause contradicted Article 26(4) of the Constitution of Kenya, 2010, and would put women and girls seeking reproductive health services at risk.
The judgment confirms that access to safe and legal abortion is a constitutional right when a trained health care professional deems it necessary for emergency treatment, when the life or health of the pregnant woman is in danger, or as permitted by any written law. The ruling emphasizes that the health of the foetus cannot be prioritized over the life or health of the woman, centering reproductive health and dignity for women and girls seeking these services.
This decision is particularly significant in Kenya, where unsafe abortion remains a major public health issue, contributing to high maternal morbidity and mortality rates. Data from the African Population and Health Research Centre indicates that up to 14% of unintended pregnancies result in unsafe abortions, which can cause severe health complications. By invalidating the restrictive clause, the Court has removed an unconstitutional barrier and reinforced constitutional protections for safe and legal abortion care.
The petition leading to the ruling was filed by young women and civil society actors, including Rachael Mwikali, Esther Aoko, AYARHEP Kenya, and KELIN. Katiba Institute and the Kenya Obstetrics and Gynecological Society, represented by the Centre for Reproductive Rights, participated as interested parties.
While the ruling is a milestone for reproductive rights, gaps remain in the National Reproductive Health Policy. These include ensuring meaningful public participation in policy creation, improving adolescents’ access to reproductive health services without mandatory parental consent, and addressing issues related to assisted reproduction and mandatory HIV testing.
Civil society organizations continue to advocate for the full realization of sexual and reproductive health and rights in Kenya, emphasizing the need for ongoing advocacy, litigation, and community mobilization to secure comprehensive reproductive healthcare for all women and girls.
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