Pregnant Woman Forced to Deliver on Hospital Floor Wins Appeal in Landmark Case

February 27, 2024 (PRESS RELEASE) Nairobi – The Kenya Court of Appeal issued a decision February 23 affirming the right to respectful maternal health care for all Kenyans after hearing the harrowing birth story of Josephine Majani—a Kenyan woman who was physically and verbally abused, denied quality maternal health care, and left to deliver her baby on a concrete hospital floor. The appellate decision upholds a 2018 High Court landmark judgement defending the human rights of Majani. 

“This decision reaffirms in the strongest terms that the Constitution of Kenya protects the right to the highest attainable standard of health care, including maternal care—and sets a clear standard protecting this right for all Kenyan women and girls. This decision strongly condemns maternal health care violations and demonstrates what quality and respectful maternal health care should be not just in Kenya but in other countries across the region” said Salima Namusobya, Vice President for Africa at the Center for Reproductive Rights. “Health care settings across the country take note: Abuse, denial of care, and discrimination in maternal health care are grave violations of rights and will not be tolerated in Kenya.” 

The original High Court decision, in the case brought by Majani through her attorneys at the Center for Reproductive Rights, found that Bungoma County Hospital, the Bungoma County government, and the Cabinet Secretary of Health violated Majani’s rights to health, dignity and freedom from cruel, degrading, and inhuman treatment—when they failed to set and implement national standards on the right to safe and quality maternal health care across Kenya. In its appeal, the Bungoma County government had argued that there was no evidence that the County had violated Majani’s rights—despite video and eyewitness accounts clearly documenting the abuse. The county government further challenged Majani’s financial remuneration for the harm she suffered.  

“I have waited for years for the court to confirm that my rights were violated—and to protect other mothers from experiencing such cruelty when giving birth,” said Majani. “I thought in 2018 the case was over only to learn of the appeal. This experience continues to traumatize me, and I am hopeful that this is finally the end.” 

In August 2013, Majani was admitted to the Bungoma County hospital for induced labor just weeks after a national directive instructing all public health care facilities to offer free maternity health care services was issued by the President. Despite the directive, Majani had to purchase her own medicine and basic necessities. She was subsequently not physically checked, monitored, or offered assistance. In the maternity ward, she was physically and verbally abused by hospital staff and deliberately left to deliver on the concrete floor alone while entering in and out of consciousness. For ten years, Majani has experienced additional financial, social, and emotional burdens as the case has been dragged out by the county government. 

“With this decision, our client finally has legal closure after a ten-year ordeal seeking justice. But devastatingly, her experience is not isolated: other women continue to experience abuse and neglect within a system of structural inequalities and institutional negligence rampant in women’s health services in Kenya,” said Prudence Mutiso, Senior Legal Advisor for Africa. 

Despite legal guarantees, maternal health care in Kenya continues to fall short of international standards for quality and accessibility of care. According to a report by the Kenya National Commission on Human Rights, inadequate resources, insufficient infrastructure, and lack of physical access to health care facilities have adversely impacted maternal health care services. Nearly 5000 women die each year in Kenya due to complications in pregnancy and childbirth. According to UNFPA, more than 80% of these deaths are due to poor quality care.  

“This case was about the right of all Kenyan women to give birth in a safe, respectful, and supportive health care setting, free from discrimination and abuse. We call on all health care institutions to implement this decision immediately and provide all Kenyan women with quality maternity care.” said Martin Onyango, Associate Director for Legal Strategies for Africa at the Center for Reproductive Rights. 

Based in Nairobi, the Center’s Africa Program uses the power of law t to address the root causes and systemic violations of the sexual and reproductive health and rights of women and girls in the Africa region. 

The Center for Reproductive Rights is a global human rights organization of lawyers and advocates who seek to protect reproductive rights as fundamental human rights around the world. Since its founding in 1992, the Center’s game-changing litigation, legal policy, and advocacy work across five continents has transformed how reproductive rights are understood by courts, governments, and human rights bodies. The Center has offices in New York, Washington, Bogota, Nairobi, and Geneva. 

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MEDIA CONTACT: Center for Reproductive Rights: [email protected]