Nairobi, Kenya – 24 April 2026

In a deeply disappointing decision, the Court of Appeal in Malindi has today delivered its judgment in Civil Appeal No. E029 and E030 of 2022, setting aside the High Court’s decision in Malindi Petition No. E009 of 2020 and reinstating criminal proceedings against a young woman and a healthcare provider.

In September 2019, *PAK, a 16 -year-old girl in Kilifi County, experienced pregnancy complications, including severe abdominal pain, dizziness and vaginal bleeding. She went to a clinic where a trained clinical officer, Salim Mohammed, examined her, and determined she had lost the pregnancy, and provided emergency post -abortion care. The Police arrested both PAK and Mohammed, a licensed healthcare professional and detained them. PAK was arrested from her hospital bed and detained her at Ganze Police Patrol Base for two nights, without medical care. A few days later, police officers stormed the clinic and seized PAK’s medical records and forced her to undergo a medical examination against her. The Police also compelled PAK to sign a statement that did not reflect her account of events, and she was remanded at Malindi Juvenile Remand Prison for over a month.

This is not an exceptional story. It is what the criminalization of abortion looks like in practice. Every year, at least 2,600 women die from unsafe abortions in Kenya, and 21,000 more are hospitalized due to abortion complications. A 2023 national study by APHRC found an estimated 792,694 induced abortions in Kenya in that year alone, with over 304,000 women seeking facility – based care for post -abortion complications. This is not a statistic; it is the lived reality of what happens when women and girls are denied care, information, and dignity.

The 2022 High Court Decision

On 25th March 2022, the High Court of Kenya in Malindi issued a landmark ruling, affirming that abortion care is a fundamental right under the Constitution of Kenya, limited only by Article 26(4). The Court declared the arrest, detention, charges, and prosecution of both PAK and Mohammed unlawful. It confirmed that patient -provider communication is constitutionally protected and ruled that a trained health professional acting in good faith shall not be guilty of a Penal Code abortion offence. This means that criminalizing abortion under the Penal Code without a constitutional statutory framework is an impairment to the enjoyment of women’s reproductive rights.

The court also ordered Parliament to enact a law and develop a public policy framework on access to abortion, in line with Article 26(4) of the Constitution. Women and girls of reproductive age and providers across Kenya continue to face prosecution for access to safe and legal abortion, including for post -abortion care, an emergency and life -saving treatment.

The 2026 Court of Appeal Decision

Today, 24th April 202 6, the Court of Appeal overturned these findings. This decision raises significant concerns on access to reproductive health services in Kenya. This case forms part of a broader pattern in which individuals seeking or providing reproductive healthcare face criminal sanction, despite constitutional guarantees of dignity, health, and freedom from cruel, inhuman, and degrading treatment.

Next Step

We disagree with the Court of Appeal findings, and we will be moving to the Supreme Court of Kenya to correct this anomaly.

Media Contacts

1. Paul Yugi, Communications Consultant, Center for Reproductive Rights, [email protected]
2. Rose Mutisya, Senior Communications Manager, Center for Reproductive Rights, [email protected]

www.reproductiverights.org

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