Over the weekend, I read an article on this widely debated topic -The Sexual Reproductive Rights-. The article detailed the story of a teenage girl in Kilifi County in Kenya charged with abortion after visiting a clinic in pain, dizzy, and bleeding. The girl, alongside the clinical officer accused of aiding the abortion by administering drugs to facilitate the procedure, pleaded not guilty to the charges.
Ms. Evelyne Opondo, the senior regional director of the Centre for Reproductive Rights in Nairobi heard about the case and quickly assembled a team of lawyers petitioning the judge to throw out the case on the grounds that the girl had a right to seek medical support. Under Article 43 (1) (a) of the Kenyan Constitution, every Kenyan citizen has the right to access health care including reproductive health care.
On the 24th of March 2022, Justice Reuben Nyakundi heard the case. A judge of the High Court of Kenya sitting in Malindi County. The judge ruled that the young girl and the clinical officer were not guilty. He explained his ruling stating that forcing an individual to carry an unwanted pregnancy to term or to seek an unsafe abortion is a violation of their human rights, privacy, and bodily autonomy.
The Kenya abortion law lacks a clear stance on the matter of abortion. The 1970 penal code criminalizes abortion. The 2010 Kenya constitution however gives exceptions to the criminalization of abortion. It states that abortion is prohibited unless it is required to save a life or maintain the health of the mother ( Article 26 (4) of the Kenyan Constitution). It however provides no guidelines to clarify under what circumstances the procedure would be legal. This conundrum results in an increase in a number of abortions without legal repercussions as well as an increase in unsafe abortion procedures.
It is a topic that may never receive regional let alone global consensus. For instance, some may agree with Justice Reuben Nyakundi. He based his ruling on the premise of human rights. Every individual has a right to life, proper healthcare, and to be free from discrimination and inhumane treatment. Thus because of this, forcing someone to carry an unwanted pregnancy to term is a violation of their human rights.
On the other hand, some may argue that the unborn child has a right to life as well. According to the Constitution of Kenya, the life of a person begins at conception. This means from the moment of conception, they are entitled to all the inalienable human rights. Abortion takes away the potential and chances a child could have. Today it has become almost a norm due to advances in medical technology and doctors willing to carry out the procedure. Society needs to change the narrative and drive in the moral and ethical consequences of abortion for every individual.
Every individual is a rational being with the gift of free will. God bestowed on us the gift of reproduction. It should not be taken for granted. Society has a duty to ensure each and every one of its citizens receive education and protection. The family is the child’s first educator. It is in the family where children should first learn about sexuality and sexual education. Children need to learn that every action they take has a consequence. Sexual intercourse is one such action that has massive consequences. Society should also ensure there are sexual education classes in schools and family planning services in communities.
People should receive this information from a young age. The power will then lie with them to make informed and moral decisions.
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