Petition E695 of 2024 CN & AGM vs Nairobi Women’s Hospital

This petition is against Nairobi Women’s Hospital wherein the 1st Petitioner had been attending prenatal clinics and gave birth by way of an emergency caesarian section. While undergoing the emergency caesarean section, the Respondent’s agents performed bilateral tubal ligation on her without her informed consent and later detained the 2nd Petitioner within the facility in the guise of forcing him to pay the medical bill. This is a direct violation of the Petitioners’ rights under Articles 26(1) and (3), 27(4), 28, 29(a)(d) and (f), 35, 43(1)(a), 45 and 46 of the Constitution of Kenya 2010. The Petitioners therefore pray for various orders, including a declaration that women have the right to have equal access to reproductive health rights, including the right to freely and voluntarily determine if, when and how often to bear children, an order directing the Respondent to put in place guidelines, measures to prevent forceful and involuntary sterilization, and to conduct in depth mandatory training of all medical personnel and health care providers on the 2018 National Family Planning Guidelines for Service Providers and an order for accountability of the maintenance of medical records within the facility.