On 29th January 2025, the High Court of Kenya at Milimani concluded the hearing in Rachael Mwikali & Others v the CS Cabinet Secretary Petition 27 of 2022 which challenges the constitutionality of the National Reproductive Health Policy 2022 – 2032 (the policy).
During the court session, the Ministry of Health (the 2nd Respondent) and Kenya Christian Professionals Forum (the 3rd Interested party) who oppose the petition, orally highlighted their written arguments before the court. The parties argued that the impugned policy was aligned with the Constitution of Kenya 2010 as it catered to the reproductive health needs of every person and was as a product of a comprehensive public participation. They claimed that public participation does not require the involvement of every citizen, if there was a reasonable effort to engage key stakeholders.
KELIN, countered these arguments and highlighted that the process of developing the policy was not inclusive, and that the policy is discriminatory in nature as it substantively excludes certain populations especially by imposing blanket requirements on parental consent as a precondition to receiving any reproductive health service. Further, we asserted that there were glaring inconsistencies on the provisions and requirements of termination of pregnancy as permissible under Article 26(4) of the Constitution of Kenya, 2010 as well as discriminatory provisions on assisted reproduction. The policy as is entirely retrogressive and does not abide by the Constitution.
The court directed that the judgement be delivered on 4th July 2025. KELIN and partners are hopeful that justice will prevail, and the policy will be declared unconstitutional as it seeks to exclude many young girls and women in Kenya from accessing critical reproductive health services therefore infringing on their right to health.
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 Petitioners
Kuwinda Lane, off Lang’ata Road, Karen C
P.O. Box 112 – 00202 KNH Nairobi
Tel: +254 790 111578
Email: litigation@kelinkenya.org
