MEDIA BRIEF: The Court of Appeal case No. 594 of 2019 – Kenya Christian Professional Forum v Federation of

On 19th February 2025, the Court of Appeal will be hearing Appeal case No. 594 of 2019 – Kenya Christian Professional Forum v Federation of Women Lawyers (FIDA-Kenya) & 15 others challenging the High Court ruling that upheld the Constitutional provision on Article 26(4) which guarantees access to safe and legal abortion. The Center for Reproductive Rights (CRR) provided the lead advocate and technical support to FIDA-Kenya and her partners.

This Appeal resulted from FIDA-Kenya & 3 others v Attorney General & 2 others; East Africa Center for Law & Justice & 6 others (Interested Party) & Women’s Link Worldwide & 2 others (Amicus Curiae) [2019] eKLR. The petitioners sued the government, on behalf of the late JMM (a 14-year-old girl who died from complications of unsafe abortion), for withdrawing 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 standards provided trained health professionals with information to provide services to access safe and legal abortion. The Court further upheld the rights of victims/survivors of sexual violence to access safe and legal abortion in the opinion of the trained health professional that the said pregnancy poses a danger to their life or health, including the physical, mental, and social well-being.

This is a landmark Public Interest Litigation (PIL) case on access to safe abortion, and it highlights the challenges women and girls go through when accessing safe and legal abortion. This case is not just about JMM but the millions of girls who have undergone sexual violence.

JMM had been sexually violated at the age of 14 and became pregnant. She resorted to terminating the pregnancy with the help of a friend who referred her to a ‘doctor’ known to perform abortion-related services. She received care and services without fully being informed of the medical treatment and the consequences to prepare her for the treatment. As fate would be, the services were not successful.

JMM’s ordeal began when her symptoms were severe, causing her to seek medical attention. She visited four health facilities. Due to the insufficient infrastructure in the health facilities, they did not have the necessary equipment to manage the complications that had occurred due to the procurement of unsafe abortions. She then suffered from excessive bleeding, kidney failure, and, ultimately, death consequently.

FIDA-Kenya, with the technical and legal support of CRR, then sued the government on behalf of the late JMM. We won the case on behalf of JMM and all young women and girls to advance their right to access quality reproductive health services, including safe and legal abortion, as envisaged under Article 26(4) of the Constitution. We will participate in the Appeal to seek the Court to uphold the judgment delivered on 12th June 2019 and dismiss the Appeal. We commit to advancing the sexual and reproductive health rights of women and girls to be free from any form of discrimination and to achieve gender equality.

This case is among many that we are litigating in Africa as we continue to mobilize in solidarity for access to safe and legal abortion and Sexual and Reproductive Health and Rights. 

We would like to request for opportunities to shed more light through:

• 1. Media Interviews that will involve engaging with our experts on reproductive rights and legal advocacy who can provide insights into the current challenges and progress in abortion access more so in relation to the reinstatement of the global gag rule in the United States that affects SRHR related work internationally.
• 2. Op-Eds that will contribute thought-provoking pieces on the state of abortion access and policy that could shed light on critical issues and drive public discourse.
• 3. Feature Articles highlighting personal stories of young girls like JMM and other women affected by abortion restrictions providing a powerful human element to the discussion.

We will also be sharing a press statement after the hearing that speaks to the case, what we stand for and our expectations from the ruling following the appeal.

We are open to suggestions on any other ways your outlet would like to engage with us to shed more light on issues around access to abortion in Kenya and regionally.

MEDIA CONTACTS:

FIDA Kenya Media Contact
Mark Owuor,
Communications Officer
owuorm@fidakenya.org  

Center for Reproductive Rights Media Contact
Rose Mutisya,
Snr. Communications and Campaigns Manager
rmutisya@reprorights.org