A Kenyan Court of Appeal overturned a 2022 ruling that had deemed access to abortion a fundamental constitutional right, paving the way for a potential Supreme Court review.

The appellate decision holds that abortion deprives a child of the right to life and is prohibited except in limited circumstances, such as when the mother’s life is at risk.

Rights groups and reproductive health advocates criticized the ruling as a setback and said they will seek Supreme Court review to correct what they call an anomaly.

The decision frames abortion-related cases as offenses under Sections 158, 159, or 160 of the penal code, requiring evidence that the act was not abortion on demand.

Kenya’s penal code criminalizes abortion with penalties up to 14 years in prison, while the constitution allows abortion if a trained health care worker deems it necessary to save the life or health of the mother.

The Court of Appeal stated that the constitution expressly prohibits abortion but allows limited exceptions where permissible, effectively strengthening penal code provisions and up to 14 years in prison for attempts or procurement.

Kenya’s penal code criminalizes abortion with penalties up to 14 years in prison, while the Constitution allows abortion if a trained health care worker deems it emergency treatment to protect the mother’s life or health.

Abortion is identified as a leading cause of maternal deaths, with an estimated 792,000 induced abortions in Kenya between April 2023 and May 2024 according to a 2025 joint report by the Ministry of Health, APHRC, and the Guttmacher Institute.

The ruling highlights ongoing debates about abortion access and its legal status in Kenya, with broader implications for maternal health and criminal prosecutions.

Context includes a notable rise in abortion-related activity in Kenya, with 792,000 induced abortions reported in the 2023–2024 period in a 2025 joint study.

The decision stems from a case involving a teenager who experienced pregnancy complications; a doctor provided emergency post-abortion care after determining the pregnancy was lost, and the High Court previously acquitted those involved.

The appeal was brought by the Kenya Christian Professionals’ Forum and the attorney general, with support from the Center for Reproductive Rights, based on the teenage girl’s case of emergency post-abortion care after pregnancy complications.