On October 17, 2024, KELIN, alongside the petitioners and interested parties—the Kenya Obstetrical Gynaecological Society and Katiba Institute—appeared before the Milimani High Court for a further hearing on the petition challenging the constitutionality of the National Reproductive Health Policy 2022-2032. The session was scheduled for oral arguments from the Ministry of Health and the 3rd Interested Party, the Kenya Christian Professional Forum.
During the last court appearance on September 18 2024, KELIN presented its case, highlighting several constitutional violations arising from the policy. These included the lack of meaningful public participation, discriminatory provisions limiting access to sexual and reproductive health rights for young girls and women, and contradictions that undermine existing laws and policies.
While all parties were prepared to proceed, the counsel representing the Ministry of Health requested an adjournment, seeking seven additional days to file a further affidavit and present an expert witness. The petitioners opposed this request, arguing that it would be unjust and cause further delays in addressing the issues raised in the policy. The court sided with the petitioners and denied the Ministry’s application.
However, due to a scheduling conflict with another matter already set for a hearing, the court was unable to proceed with the case. The hearing has been rescheduled to January 29, 2025.
Although disappointed by the adjournment, the petitioners remain committed to addressing the problematic policy and will return to court on January 29 , 2025.
Join the conversation by following KELIN on social media @KELINKenya and using the hashtag #RejectRHPolicy.
For more information, please contact:
Nyokabi Njogu
Advocate for the 1st – 4th Petitioners
Kuwinda Lane, off Lang’ata Road, Karen C
P.O. Box 112 – 00202 KNH Nairobi
Tel: +254 790 111578
Email: litigation@kelinkenya.org
