Description
This is a petition against the Cabinet Secretary, Ministry of Health, challenging constitutionality of the National Reproductive Health Policy 2022-2032 due to procedural and substantive elements.
The Policy was passed on 5th July 2022, the culmination of a process that the Petitioners contend was unconstitutional for want of public participation. The Policy that was passed contains various unconstitutional provisions, the implementation of which will greatly violate the rights of Kenyans, particularly with respect to the right to reproductive health.
Current Status
Updated October 2025
Judgement was delivered on 2 October 2025. In its determination, the court found that there was meaningful and effective public participation in formulating and developing the National Reproductive Health Policy 2022 – 2032 (NRH Policy).
The petition partially succeeded with the court issuing a declaration that paragraph 12 of clause 3.4.1 of the National Reproductive Health policy is unconstitutional, to the extend only, that it introduces the highest standard of health of the unborn child as a consideration in terminating pregnancy which is inconsistent with Article 26(4) of the Constitution.
Previous Updates
Judgement will be delivered on 30 September 2025
Further hearing of the petition – 29 January 2025
Hearing on 18th September 2024.
Women Link Worldwide indicated that they wish to put in an application for joinder. The courts confirmed that all parties have complied with directions for service upon each other. The matter to be forwarded to the judge for further directions. Mention date is 30th October 2023.
The Court has directed that the parties appear for a mention on 5th June 2023.
The Court has directed that the parties appear for a mention on 21st November 2022.
