On September 18, 2024, KELIN and its partners appeared before the High Court of Kenya to challenge the constitutionality of the National Reproductive Health Policy 2022-2032. This policy impacts how millions of women and girls access reproductive health services, especially in public health facilities. Critics argue it overlooks the real needs of women.
During the hearing, the petitioners highlighted serious flaws in the process by which the Ministry of Health developed and launched this policy. They stressed that the voices of women, particularly those from informal settlements, were excluded. This lack of public participation led to a policy that does not reflect the diverse needs of the community.
The petitioners’ lawyers also pointed out several constitutional rights that the policy violates. For instance, it restricts access to essential reproductive health information for unmarried women and adolescents and imposes unnecessary age limits for accessing services, moving the age from 21 to 25. The policy’s focus on promoting abstinence and discouraging early sexual activity fails to address the realities faced by young people today. Furthermore, it undermines the role of the National Commission on Science and Technology, limiting vital research in reproductive rights.
The policy’s restrictive measures violate fundamental rights outlined in the Constitution, including freedom from discrimination based on age and marital status, the right to the highest attainable standard of health, access to information, and academic freedom.
The petitioners were supported by two key groups: the Kenya Obstetrics and Gynecological Society and the Katiba Institute. The Kenya Obstetrics and Gynecological Society echoed concerns that requiring parental consent for individuals under 18 discourages young people from seeking necessary reproductive health services, increasing their vulnerability to health risks.
The Katiba Institute emphasized the importance of transparency and public engagement, stating that the Ministry’s failure to share critical information about the policy limited meaningful public input. They also pointed out that the policy unfairly prioritizes married couples in provision of IVF services while neglecting others.
Rachael Mwikali, one of the petitioners, expressed her satisfaction with the arguments presented, saying, “As a woman from an informal settlement, I was pleased to hear the arguments made by my lawyers, and I look forward to the next hearing on October 17.”
The court has adjourned the case until October 17, 2024, when the Ministry of Health and the Kenya Christian Professionals Forum will present their arguments in opposition the petition. The petitioners are eager to return to court to continue their fight for justice.
Join the conversation by following KELIN on social media @KELINKenya and using the hashtag #RejectRHPolicy.
For more information, 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
