About the case

The Center has appealed to the Kenyan Supreme Court in a long-running case with the potential to reshape reproductive rights across the country. At its core is the question of abortion care—whether those who seek and provide such care are constitutionally protected against criminal charges.

The case, which revolves around a pregnant minor and a clinician who treated her during a medical emergency, has been making its way through the Kenyan legal system for the past six years. In 2022, the High Court delivered a landmark victory that affirmed widespread constitutional protections for abortion rights. Then, in April 2026, an appeals court overturned that ruling, threatening reproductive healthcare across the country. The Center has asked the Supreme Court to reverse the appeal court’s judgment.   

The right to healthcare is guaranteed under Kenya’s 2010 Constitution—including access to reproductive health services such as abortion and post-abortion care. But under the Kenyan Penal Code, abortion remains restricted. Women and girls who seek abortion care risk harassment, wrongful arrest, and prosecution, along with the providers who treat them.

This is what happened to PAK and Salim Mohammed.

A medical emergency and arrests

A medical emergency and two arrests

PAK was 16 and pregnant when she began experiencing severe abdominal pain, dizziness, and vaginal bleeding. At a local health center, clinician Salim Mohammed determined that she had lost her pregnancy and administered emergency care. Then, PAK and Mohammed were arrested.

Taken directly from her hospital bed, PAK was held for two nights without medical care. Police later stormed the clinic, seized PAK’s records, and forced her to undergo a medical examination. She spent a month in juvenile prison and was charged in September 2019 with procuring an abortion. Mohammed was charged with providing it.

With support from the Center, PAK and Mohammed challenged the lawfulness of the charges. When a lower court refused to drop them, they filed a lawsuit against the Kenyan attorney general and other government officials. The suit, Malindi Petition No. E009 of 2020, sought relief for PAK and Mohammed, as well as raising a wider legal issue—the breach between the country’s constitution and its Penal Code.

Victory at the High Court

Victory at the High Court 

On March 25, 2022, the High Court of Kenya delivered a landmark ruling, affirming abortion care as a fundamental right under Kenya’s constitution. It declared the arbitrary arrest and prosecution of patients and healthcare professionals seeking or providing abortion care to be illegal. All charges against PAK and Mohammed were dropped.

The ruling cited essential constitutional values—including dignity, autonomy, equality, and bodily integrity—as the basis for abortion rights. Recognizing the gaps in existing laws, it ordered Parliament to enact new legislation to protect access to abortion care.

A devastating setback

A devastating setback 

The High Court’s decision was appealed by the Kenyan Attorney General and by Kenya Christian Professionals Forum (KCPF), an anti-abortion group who had not been involved in the original suit.

The Attorney General argued that abortion is not a protected right, that no violation of PAK and Mohammed’s rights had taken place, and that criminal proceedings against them should be reinstated. KCPF additionally claimed that the High Court’s ruling failed to protect the life of the unborn—an issue not raised by the original lawsuit.

On April 24, 2026, the Court of Appeal in Kenya delivered its verdict, overturning the High Court’s ruling and reinstating the charges against PAK and Mohammed. Its decision undermined the constitutional rights of women and girls, fostered legal uncertainty, and produced a chilling effect on healthcare provision across the country.

Taking the fight to the Supreme Court

Taking the fight to the Supreme Court 

On June 5, 2026, the Center appealed this decision to the Kenyan Supreme Court. The appeal argues that abortion is constitutionally protected in certain circumstances—and that anyone providing or receiving abortion care in those circumstances should be safe from prosecution. It contends that the reinstatement of the criminal proceedings is a constitutional violation, and requests that the charges against PAK and Mohammed be dropped.

The question of constitutional abortion rights is now in the hands of the Supreme Court. Its decision will set a crucial legal precedent, altering the reproductive health care landscape for millions of Kenyans.

The Center remains committed to a future where all people have access to the care they need. Join us today.