Kenyan Court Exonerates Health Care Provider and Mother of Adolescent Girl from Abortion Charges

After a five-year court battle, a health care provider and the mother of an adolescent girl have been cleared of charges of procuring an abortion by a court in Makadara, Kenya. The defendants were represented by the Center for Reproductive Rights and the Reproductive Health Network of Kenya (RHNK).

The dismissal of the case, Republic v. Samson Mwita & Grace Wanjiku, at a hearing on September 25, aligns with earlier court rulings in Kenya declaring that it is illegal to arrest and prosecute abortion patients and providers. The dismissal also sends a clear message affirming abortion as a health care right.

The defendants, Samson Mwita and Grace Wanjiku, were arrested and charged in September 2018 when police stormed the health facility where Wanjiku’s 16-year-old daughter was being treated by Mwita for pregnancy related complications following a sexual assault as a minor.

Under the charges of procuring an abortion, Mwita and Wanjiku faced up to 14 years imprisonment under section 158 of Kenya’s Penal Code—but the Court determined that the prosecution presented no evidence to sustain the charges. Following the acquittal by the Chief Magistrates Court, neither Mwita nor Wanjiku can be charged again for the same allegations.

“This case was about defending the rights of all Kenyan women, girls and qualified health care providers to access and provide safe abortion within the protections provided by the Kenyan Constitution,” said Martin Onyango, Associate Director of Africa Legal Strategies for the Center. “After living under the shadow of prosecution for five long years, our clients, Mwita and Wanjiku, have finally received release from unjust charges that have affected every facet of their lives. No mother or health care provider should be treated as a criminal for protecting the rights of an adolescent.”

Kenya’s 2010 Constitution protects abortion as a fundamental right guaranteed when life or health, including mental health, are at risk, and in cases of sexual assault. Despite those protections, Kenya’s Penal Code continues to criminalize abortion, and abortion care remains almost unobtainable in most of the country, especially in rural areas. In addition, women, girls and health care providers continue to face harassment, arrest and prosecution when attempting to access or provide abortion care.

“We firmly believe that every person has the right to make decisions about their own body, including the right to access safe and legal abortion services when needed,” said Salima Namusobya, the Center’s Senior Regional Director for Africa. “This ruling aligns with international human rights standards and underscores the importance of protecting and promoting sexual and reproductive health rights for all individuals. We at the Center for Reproductive Rights remain committed to advancing reproductive rights as fundamental human rights across the African continent.” 

Read more about the ruling here: 

• Kenyan Court Exonerates Health Care Provider and Mother Criminalized for Abortion, 09.26.23 

Read more about the case and the Center’s work in Kenya here:  

• Center Continues Work to Enforce the Constitutional Right to Abortion in Kenya, 09.25.23