On 5th March 2025, the High Court seating at Kakamega delivered its ruling, on an application by the Petitioners in this case seeking to have no less than three judges to hear and determine this Petition. This Petition filed by the guardians of two minors against the County Government of Kakamega and Emusanda Health Centre, challenges the provision of contraceptives to minors without the express consent of their parents or guardians. KELIN is participating in these proceedings as the 3rd Interested Party.
In seeking to have this case heard by an uneven number of judges of either three or five, the Petitioners argued that the case touches on matters of public interest. The court allowed the Petitioners’ application and directed that the Petition be referred to the Chief Justice of Kenya for the appointment of an uneven-numbered bench of judges to hear and determine the matter. In its ruling, the Court considered the arguments made by all parties and noted that 22% of Kenya’s population is between the ages of 10 – 19, this includes adolescents who will be directly affected by the outcome of this Petition.
The Respondents in this case alongside KELIN contend that imposing a blanket ban on minors’ access to sexual and reproductive health services without parental consent would undermine the best interests of minors in Kenya. They argued that such a ban would prevent adolescents from accessing the highest attainable standard of health, including reproductive healthcare and information, as guaranteed under Article 35, 43(1)(a), Article 53 of the Constitution of Kenya, 2010.
KELIN looks forward to contributing to the court’s determination of the Petition by providing evidence on how a blanket ban on sexual and reproductive health services for adolescents, without considering their evolving capacities, could undermine their best interests and right to health under the Constitution.
Parties are now awaiting further directions on the hearing of the Petition once the bench has been empaneled as directed by the Chief Justice of Kenya.
For more information, please contact:
Nyokabi Njogu & Catherine Namulanda
Advocates for the 3rd Interested Party
Kuwinda Lane, Off Lang’ata Road
P.O Box 112 -00202 KNH Nairobi.
Tel: +254790111578 Ema
