On Monday 5th June 2023, hearing of Petition No 428 of 2018 (The Network for Adolescents and Youth of Africa and another v Kenya Medical and Practitioners Board and others) failed to take off, with the court rescheduling hearing of this matter to 6th and 7th November 2023. This case challenges the unlawful ban by the Kenya Medical Practitioners Board (KMPDB) against the provision of all forms of abortion services at Marie Stopes Kenya.
While the case had been set down for hearing on 5th and 6th June 2023, the court was constrained to take it out of the hearing list when an issue arose concerning the consolidation of this case with another one Anne Kioko v Kenya Medical and Practitioners Board and others Petition E008 of 2020. After hearing parties arguments on the question of consolidation, the Thande, J. declined to reopen the issue and instead directed that the parties appear in court on 6th and 7th November 2023 for hearing.
KELIN was admitted as the 6th Interested Party in the petition on 17th October 2019. It will contribute to the petition by providing its perspective on the right of women to access to information and quality reproductive health care, including post abortion care. Post abortion care is an issue that is integral to the realization of the right to life as provided under Article 26(4) of the Constitution, the right to reproductive health care under Article 43(1)(a)) and the provision of post abortion care as emergency medical treatment as guaranteed under Article 43(2) of the Constitution. KELIN also highlights how lack of information and stigma contributes to low uptake of all sexual and reproductive health services.
KELIN looks forward to the opportunity to advance the reproductive rights of women and girls and shall be back in Court on 6th and 7th November 2023.
To contribute to the discussions on this forum, follow KELIN on our social media platforms: Twitter: @KELINkenya and Facebook: http://www.facebook.com/kelinkenya
For more information, contact:
Nyokabi Njogu
Advocate for the 6th Interested Party
Kuwinda Lane, off Lang’ata Road, Karen C
P.O. Box 112 – 00202 KNH Nairobi
Tel: +254 020 2515790; +254 790 111 578litigation@kelinkenya.org
