Judgment Deferred in Case Challenging Constitutionality of Kenya’s National Reproductive Health Policy
On 4th July 2025, the High Court of Kenya at Milimani deferred the delivery of the judgement in Rachael Mwikali & 3 Others v the Cabinet Secretary Ministry of Health and Others Petition 27 of 2022 to 25th July 2025. The Petition filed on 8th September 2022 challenges the constitutionality of Kenya’s National reproductive Health Policy 2022 – 2032 due to procedural and substantive elements.
The Petitioners together with KELIN challenged the policy on the grounds that meaningful public participation was not conducted by the Ministry of Health. Further the policy directions violate the right to the highest attainable standard of health particularly in respect to the right to comprehensive reproductive health as guaranteed by Article 43(1)(a) of the Constitution of Kenya. The policy uses discriminatory and exclusionary language limiting access to critical reproductive health care services and information for young girls and women in Kenya.
After nearly three years of litigation, parties concluded the hearing of this Petition on 29 January 2025. The Petitioners had anticipated the delivery of judgement, especially since the Court declined to hear the interlocutory application filed alongside the petition seeking to stay the implementation of the policy, pending the determination of the Petition.
The continued implementation of this regressive policy is a violation of the article 43(1)(a), 26(4) and 53 of the Constitution of Kenya 2010. While disappointed by the delay, the Petitioners remain hopeful that the judgement will be delivered on 25th July 2025, and justice will prevail. KELIN and partners hope that the court will uphold and protect the right to sexual reproductive health rights of young girls and women in Kenya by finding the policy unconstitutional.
Join the conversation by following KELIN on social media @KELINKenya and using the hashtag #RejectRHPolicy.
For more information, please contact KELIN:
Email: litigation@kelinkenya.org
Tel: +254 790 111578
