High court has ordered the government to pay Sh3m compensation to Kisii mother who sued over withdrawal of abortion guidelines after her child died.
The jury maintained that abortion is a crime and illegal in Kenya.
Here are some of the sentiments from the Judges:
Judge Mumbi Ngugi
The removal of the Standards and Guidelines by the Director of Medical Health removed the efficacy of Article 26 and rendered it a dead letter.
It is clear that 2012 guidelines and the national training curriculum were as a result of public concern. Its withdrawal should follow due process as it was arbitrarily withdrawn.
It is not the cause but the effect of the danger that necessitates the permissibility of abortion.
Abortion is permissible under the care of a trained Health professional if the life of the mother is at risk; mental and physical health threats.
We have shown that the premise of the memo in this case was misguided and not necessary. No backup was put in place in the place of the said rights in the guidelines.
It was unreasonable and unjustifiable in a democratic society
It is clear that 2012 guidelines and the national training curriculum were as a result of public concern. Its withdrawal should follow due process as it was arbitrarily withdrawn
Justice Odunga
In regards to what should be termed as health of mother, we rely on medical descriptions that state it is the social, mental and physical state. Therefore abortion is permitted where the health of a mother is at risk as determined by a trained medical professional
In the question of who is a trained medical professional as per the abortion provision, we rely on the Health Act which describes a trained medical professional as a midwife, clinical officer, nurse and any other trained medical worker
