A 2026 International Women’s Day Feature by
Melinda Mugambi and Catherine Namulanda
Equality Promised, Equality Deferred
For many women in Kenya, the struggle for equality is not abstract. It is experienced in hospitals, workplaces, homes, and public spaces where systems meant to protect them too often fall short.
Across the country, stories shared online and reported in the media reveal a troubling pattern: women are still denied the dignity, protection, and respect they deserve. Yet the growing willingness to speak out against injustice reflects the spirit of this year’s International Women’s Day theme “Give to Gain.” When women and communities give their voices, knowledge, and solidarity, they create the possibility for real change.
Kenya’s Constitution promises equality for all. Article 27 guarantees that every person is equal before the law and entitled to equal protection and benefit of the law. Yet recent events remind us that the promise of equality remains, for many women, a work still in progress.
In recent months, national attention has been drawn to disturbing reports of maternal deaths and allegations of sexual harassment in professional spaces, including within the legal profession. These cases have sparked important public conversations about accountability, dignity, and justice for women. For many women in Kenya, the struggle for equality is not abstract. It is experienced in hospitals, workplaces, homes, and public spaces where systems meant to protect them too often fall short.
When Systems Fail Women
The year 2026 began with troubling reminders of the gaps that persist in maternal healthcare and the broader protection of women’s rights in Kenya.
The indefinite closure of Kenyenye Sub-County Hospital , following protests over a maternal death, reflects growing frustration among communities who feel unheard and unprotected. Similarly, the reported death at St. Mary’s Mission Hospital Mukumu renewed public concern about the quality, accountability, and responsiveness within maternal healthcare systems.
These incidents are not isolated tragedies. They reveal deeper structural challenges in how maternal health services are delivered, supervised, and regulated.
Recognizing the urgency of addressing maternal mortality, the Ministry of Health launched the National Maternal and Perinatal Death Surveillance and Response (MPDSR) Steering Committee in February 2026. The initiative aims to strengthen accountability in maternal and newborn care and reduce maternal mortality to below 70 deaths per 100,000 live births by 2030, with a focus on 26 high-risk counties.
While such policy initiatives are important, policy frameworks alone cannot eliminate obstetric violence or guarantee respectful maternity care. Real progress requires accountability, community awareness, and sustained efforts to ensure that women’s dignity and autonomy are respected in healthcare settings.
Beyond healthcare systems, gender-based violence continues to expose broader societal failures in protecting women and girls. In the last two years, disturbing cases of femicide have drawn national attention. The recent report by the Technical Working Group Report on GBV Including Femicide highlights the urgency of addressing these patterns of violence.
At the same time, digital spaces increasingly mirror these harms. A widely circulated video showing a university student being manhandled over what was deemed “inappropriate dressing” reflects the persistent policing of women’s bodies and the broader culture of gender-based violence that continues to endanger women and girls in everyday spaces.
The Giving to Gain Movement
Real transformation in women’s rights requires a collective commitment to giving: giving knowledge, giving advocacy, and giving justice.
To give knowledge is to empower women and communities to understand their rights. Public awareness, community dialogue, and legal education remain essential tools for ensuring that women can recognize violations and demand accountability.
To give advocacy is to challenge harmful norms and stereotypes that normalize abuse and discrimination. Too often, women who speak out are blamed, shamed, or silenced. Changing these attitudes requires courageous voices and collective action.
To give justice is to ensure that violations do not go unanswered. Strategic litigation has emerged as a powerful tool to expose systemic failures and compel governments and institutions to uphold their obligations. When survivors bring cases before the courts, they transform personal suffering into collective action that can reshape policies, strengthen oversight, and affirm constitutional rights.
When systems meant to protect women fail, institutions such as civil society organizations and the courts become essential pathways for accountability.
KELIN’s Contribution to Advancing Women’s Rights
For over 25 years, the Kenya Legal and Ethical Issues Network on HIV and AIDS (KELIN) has worked to promote and protect the right to health and advance justice for vulnerable and marginalized populations, particularly women and girls.
A key part of this work is strategic litigation, which helps translate constitutional guarantees of dignity, autonomy, and access to healthcare into real protections for women.
Over the years, KELIN has supported cases addressing violations related to access to healthcare, sexual and reproductive health rights, and the dignity of patients within health facilities. These cases demonstrate how legal action grounded in community experiences can help drive broader institutional reforms.
One such case currently before the courts, CN & AGM vs Nairobi Women’s Hospital (Petition E695 of 2024), highlights the serious consequences that arise when women’s bodily autonomy is ignored in healthcare settings. In this case, CN underwent sterilization during an emergency caesarean section without her informed consent. The petition raises a fundamental question: who decides if and when a woman can have children?
By supporting this case, KELIN seeks to affirm the importance of informed consent, bodily autonomy, and respectful maternity care, ensuring that violations like these do not quietly happen to others.
KELIN has also been involved in Rachel Mwikali & 3 others vs Cabinet Secretary, Ministry of Health and Others (Petition 27 of 2022), which challenged aspects of the National Reproductive Health Policy 2022–2032. In October 2025, the court delivered an important ruling declaring a section of the policy inconsistent with Article 26(4) of the Constitution and therefore unconstitutional. The provision had introduced a barrier to access to abortion services that is not recognized under the Constitution.
The case illustrates how litigation can play a critical role in clarifying reproductive rights and strengthening the legal frameworks that govern maternal and reproductive healthcare.
Conclusion
At KELIN, the principle of giving has long guided our work. Through advocacy, research, and strategic litigation, we continue to advance the right to health and other health-related rights.
This International Women’s Day, we contribute by sharing knowledge and resources that strengthen public understanding of women’s rights and empower communities to claim and defend those rights.
Call to Action
International Women’s Day reminds us that progress does not happen by chance. It happens when individuals, communities, civil society, and governments choose to act.
For young people, especially young women, the call to Give to Gain carries a powerful message. When we raise our voices against injustice, whether online, in our communities, or within professional spaces, we help shift public consciousness and demand change.
The promise of equality in our Constitution will only be realized when each of us contributes to building systems that respect, protect, and uphold the rights of every woman and girl.
For more information:
Watch our documentary on obstetric violence here: The Silent Labor Pains Documentary
Please visit our website at: Resources
For the cases, please visit: Case Tracker
For further assistance email: info@kelinkenya.org
