On Wednesday 14th February 2024, the High Court of Kenya at Milimani directed parties in Petition No.428 of 2018 (The Network for Adolescents and Youth of Africa and another v Kenya Medical Practitioners and Dentists Board and Others) appear in court on 10th May 2024 to highlight their written arguments in the case challenging the unlawful ban imposed on Marie Stopes Kenya by the Kenya Medical Practitioners and Dentists Board preventing them from providing all forms of abortion services.
This comes after the parties agreed to proceed with the hearing of the petition by way of written arguments. During the court attendance, parties appeared before the court to confirm that all the written arguments were on the record.
All the parties in the petition will now return to court on Friday 10th May 2024 for highlighting of submissions. KELIN was admitted as the 6th Interested Party in the Petition on 17th October 2019 (http://kenyalaw.org/caselaw/cases/view/183496/ ) , and has filed arguments in support of the petition highlighting the following key issues:
- The ban by the Ministry of Health, Kenya Medical Practitioners and Dentists Board and Kenya Film Classification Board is not only unlawful but has had a detrimental impact on the right to the highest attainable standard of health which includes the right to reproductive health care as set out in Article 43(1)(2) and 43(2) of the Constitution of Kenya 2010;
- The way arbitrary bans on the provision of sexual and reproductive health and information undermines service provision and contributes to stigma that drives women and girls away from health care facilities.
- How the ban is rooted gender stereotypes which result in stigma and denial of access of sexual reproductive health rights and services for women and girls and heightens discrimination.
KELIN looks forwards to attending court on 10th May 2024 to highlight its written arguments in the hope that the court shall make a just and progressive determination that further the right to reproductive health.
For More Information, Contact:
Nyokabi Njogu
Advocate for the 6th Interested Party
Kuwinda Lane, Off Langata Road, Karen C
PO Box 112 – 00202 KNH Nairobi
Tel: +254 020 2515790
Office Mobile: + 254 790111578.
