Kenya Court Overturns 'Constitutional Right' to Abortion in Pro-Life Victory

Jonathon Van Maren : Apr 28, 2026
LifeSiteNews.com

Christian and pro-life advocates celebrated the Kenyan Court of Appeal's ruling that "abortion is not a fundamental right" though it recognized "exceptions in limited circumstances."

(Kenya) — [LifeSiteNews.com] On April 24, Kenya's Court of Appeal overturned a 2022 high court ruling declaring that access to abortion is a "constitutional right" and that the arrest and prosecution of abortionists and women procuring abortions is unconstitutional. (Image: Pixabay)

Kenya's Constitution explicitly protects unborn children as persons, stated in Section 26:

(1) Every person has the right to life.

(2) The life of a person begins at conception.

(3) A person shall not be deprived of life intentionally, except to the extent authorised by this Constitution or other written law.

(4) Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.

In 2019, however, a teenager sought medical care at a hospital after "severe complications from an abortion, including pain and bleeding," receiving post-abortion treatment from the attending doctor, according to Africanews. Charges were brought against her and the doctor, and the judge not only acquitted them of these charges but decided to go much further and declare abortion a "constitutional right."

The decision to declare that abortion is a "constitutional right" was successfully appealed by the Kenya Christian Professionals' Forum, the attorney general of Kenya, and others.

"The court of appeal on Friday reiterated that abortion denies a child the right to life as guaranteed in the constitution and is prohibited except in circumstances such as when the life of the mother is at risk," theAssociated Press reported. Abortion, the destruction of an innocent child, is never actually medically necessary or justifiable... Subscribe for free to Breaking Christian News here

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