On 27th February 2023, Justice Thande gave final directions with respect to hearing of Petition No 428 of 2018 (The Network for Adolescents and Youth of Africa and another v Kenya Medical and Practitioners Board and others). The matter shall now be heard on 5th and 6th of June 2023 in Nairobi at the Milimani Law Courts.
This case, which challenges the unlawful ban by the Kenya Medical Practitioners Board (KMPDB) against the provision of all forms of abortion services at Marie Stopes Kenya, has been delayed pending the determination to consolidate it with Anne Kioko v Kenya Medical and Practitioners Board and others Petition E008 of 2020. Justice Mrima made a ruling, deciding that the two cases be heard together allowing for the parties to finally proceed. The case had been held in abeyance since 2020 as we awaited the outcome of these directions.
KELIN was admitted as the 6th Interested Party in the petition on 17th October 2019. It will contribute to the petition by providing its perspective on the right of women to access to information and quality reproductive health care, including post abortion care. Post abortion care is an issue that is integral to the realization of the right to life as provided under Article 26(4) of the Constitution, the right to reproductive health care under Article 43(1)(a)) and the provision of post abortion care as emergency medical treatment as guaranteed under Article 43(2) of the Constitution. KELIN also highlights how lack of information and stigma contributes to low uptake of all sexual and reproductive health services.
KELIN looks forward to the opportunity to advance the reproductive rights of women and girls and shall be back in Court on Monday, 27th February 2023 to receive directions on the hearing.
To contribute to the discussions on this forum, follow KELIN on our social media platforms: Twitter: @KELINkenya and Facebook: http://www.facebook.com/kelinkenya
For more information, contact:
Nyokabi Njogu
Advocate for the 6th Interested Party
Kuwinda Lane, off Lang’ata Road, Karen C
P.O. Box 112 – 00202 KNH Nairobi
Tel: +254 020 2515790
Office Mobile: +254 790 111 578
