Aligning the Penal Code to the Constitution: The Malindi High Court Decision on the Question of Abortion in Kenya (Factsheet)
The case of PAK and Salim Mohammed v. Attorney General and Three Others, Malindi High Court
This fact sheet, titled “Aligning the Penal Code to the Constitution: The Malindi High Court Decision on the Question of Abortion in Kenya,” discusses the case, PAK and Salim Mohammed v. Attorney General and Three Others, Malindi High Court Petition Number E009 of 2020. The case concerned the arrest and prosecution of Salim Mohammed (a clinical officer) and PAK (a minor living in Kilifi County) for providing and receiving post-abortion care—emergency care that is recognized as a right under the Kenya constitution.
In March 2022, the Kenyan High Court affirmed abortion as a fundamental right under the 2010 Constitution and directed the Parliament to enact reforms.
Related Posts
Kenyan High Court Affirms the Right to Abortion Under the Constitution and Directs Parliament to Enact Reforms
Landmark ruling in case defending a minor and a clinician will protect patients and providers from arrest and prosecution for...
High Court of Kenya in Malindi Ruling in PAK and Salim Mohammed vs. the Attorney General and 3 others
In this ruling on March 24, 2022, the High Court of Kenya in Malindi affirmed the right to abortion under...
Wrongfully Arrested for Seeking Abortion Care, Kenyan Woman and Nurse Exonerated with Help from the Center and its Partner
Despite constitutional protections for reproductive health care, law enforcement officers often harass, arrest, and prosecute patients and providers.
