On Monday 6th November 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 directing instead that parties move to filing of their written arguments and return to Court for further directions on 14th February 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. KELIN was admitted as the 6th Interested Party in the petition on 17th October 2019.
In today’s court attendance, it was expected that parties would proceed with the hearing of the Petition by way of oral evidence; however, the parties conceded that in the interest of time, they could move to the filing of written arguments and seek to highlight those at a date to be given by the Court. The Petitioners, and the parties aligned to the Petition have now been directed to put in their written submissions within fourteen days of today, that is by 21st November 2023, while the Respondents and other parties opposed to the Petition will have until 6th December 2023 to put in their written submissions. The parties will then return to court on 14th February 2023 to confirm compliance with the orders of the court as well as to receive directions on highlighting.
KELIN’s submissions to the court raise the following the key issues:
- the right of all women to access information and quality reproductive health care, including post abortion care. Post abortion care 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.
- How bans on provision of reproductive services and stigma heighten the death of women and girls, and drive women and girls away from health care facilities.
KELIN looks forward to the opportunity to advance the reproductive rights of women and girls and shall comply with the directions of the Court and looks forward to receiving further directions on 14th February 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
Office Mobile: +254 790 111 578
