By Eddah Waithaka
The Court of Appeal will hear Appeal Case No. 594 of 2019: Kenya Christian Professional Forum v Federation of Women Lawyers (FIDA-Kenya) & 15 Others, a pivotal case challenging the High Court’s ruling that upheld Article 26(4) of Kenya’s Constitution, which guarantees access to safe and legal abortion. The Center for Reproductive Rights (CRR) has provided lead advocacy and technical support to FIDA-Kenya and its partners in this landmark legal battle.
The appeal stems from the 2019 High Court case FIDA-Kenya & 3 Others v Attorney General & 2 Others, where FIDA-Kenya, supported by CRR, sued the Kenyan government on behalf of the late JMM, a 14-year-old girl who died from complications of an unsafe abortion. The petitioners challenged the government’s withdrawal of the Standards and Guidelines for Reducing Morbidity and Mortality from Unsafe Abortion in Kenya and the Training Curriculum for the Management of Unintended, Risky, and Unplanned Pregnancies. These documents provided critical guidance to healthcare professionals on delivering safe abortion services.
In its 2019 ruling, the High Court affirmed the constitutional right to safe abortion, particularly for victims of sexual violence, when a trained health professional determines that a pregnancy endangers the life or health of the individual—including physical, mental, and social well-being. The court’s decision marked a significant victory for reproductive rights in Kenya, setting a precedent for access to safe and legal abortion services.
The Tragic Case of JMM
JMM’s story underscores the urgent need for safe abortion access. At just 14 years old, JMM was sexually violated and became pregnant. Desperate, she sought an unsafe abortion with the help of a friend who referred her to an unqualified practitioner. The procedure failed, leading to severe complications. JMM visited four healthcare facilities, but none had the necessary equipment or resources to manage her condition. She ultimately died from excessive bleeding and kidney failure.
FIDA-Kenya, with CRR’s support, filed the lawsuit on behalf of JMM and countless other women and girls who face similar challenges. The High Court’s ruling in June 2019 was a historic win, affirming the rights of women and girls to access quality reproductive health services, including safe abortion, as enshrined in Article 26(4) of Kenya’s Constitution.
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A Broader Fight for Reproductive Rights
This case is part of a broader effort to advance sexual and reproductive health and rights (SRHR) across Africa. FIDA-Kenya and CRR are committed to ensuring that women and girls can access safe abortion services free from discrimination and stigma. The upcoming appeal hearing will determine whether the High Court’s landmark decision will stand, setting a critical precedent for reproductive rights in Kenya and beyond.
FIDA-Kenya and CRR are calling on the Court of Appeal to dismiss the appeal and uphold the 2019 judgment. They emphasize that this case is not just about JMM but about millions of women and girls who face sexual violence and unsafe abortions due to restrictive policies and inadequate healthcare infrastructure.
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