Court Cases

The Right to Quality Maternal Health Care in Kenya: The Josephine Majani Cases

Josephine Oundo Ongwen v. the Attorney General and 4 Others; County Government of Bungoma & 2 others v. Josephine Oundo Ongwen (a.k.a. Josephine Majani) & 2 Others
  • Case Status Won
  • Filed on
  • Last Updated
  • Issue
    • Maternal Health
  • Place
    • Africa
    • Kenya

These cases resulted in a landmark ruling that affirmed the right to respectful maternal health care in Kenya.

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Summary

Summary

The Center for Reproductive Rights filed a case in 2014 on behalf of Josephine Majani, a Kenyan woman who was denied maternal care and abused by hospital staff during her labor and delivery.

In 2018, the High Court of Bungoma issued a landmark judgment in the case, Josephine Oundo Ongwen v. the Attorney General and 4 Others (Bungoma High Court Petition No. 5 of 2014), recognizing that the neglect and physical and verbal abuse of women seeking maternity health services constitute a violation of rights as guaranteed by the Constitution of Kenya as well as international human rights instruments. The Court ruled that Bungoma County Hospital, the Bungoma County government, and the Cabinet Secretary of Health had violated Josephine’s rights when she was denied quality maternal health care and was abused by hospital staff.

In 2018, the County Government of Bungoma appealed the High Court’s judgment to Kenya’s Court of Appeal in County Government of Bungoma & 2 others v. Josephine Oundo Ongwen (a.k.a. Josephine Majani) & 2 Others (Kenya Civil Appeal No. 61 of 2018).

In February 2024, the Court of Appeal of Kenya issued a sweeping decision affirming the right to respectful maternal health care and the 2018 judgment by the High Court.

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