On January 24, 2025, the Court of Appeal in Mombasa, Kenya has admitted the Kenya Legal and Ethical Issues Network on HIV and AIDS (KELIN) the Federation of women Lawyers Kenya (FIDA-Kenya) Women Link Worldwide (WLW) and the Law Society of Kenya as friends of the Court (amici curiae) in Attorney General & Others v PAK & Another Mombasa Civil Appeal No E030 of 2022. This appeal, filed by the State, challenges a decision made by the High Court in PAK & Another v the Attorney General & Others (Petition E009 of 2020). In that decision, the High Court of Kenya at Malindi upheld the constitutional right to safe and legal abortion, highlighting that gaps in the law were preventing the implementation and enforcement of this right, which amounts to a violation of the law.
In this case, the inclusion of KELIN, FIDA-Kenya, LSK and WLW is important because these organizations focus on protecting the rights of women and girls in Kenya. Together, we advocate for the respect of human rights and access to quality sexual and reproductive health care, including support for survivors of sexual and gender-based violence. We also emphasize the responsibility of the government to uphold and promote these rights, as outlined in the Constitution of Kenya and international law. Our participation will help the court take a well-informed and balanced approach to the issues in this case, ensuring a fair decision that protects and upholds the rights of women and girls.
KELIN, FIDA Kenya, LSK, and WLW welcome the ruling of the Court and will utilise their joint expertise on a comparative understanding of and purposive interpretation on the rights to reproductive health in Kenya and provide crucial information on how denying women and girls access to quality and comprehensive sexual and reproductive health services, including safe and legal abortion, amounts to discrimination. We shall highlight how this denial disproportionately affects marginalized and vulnerable groups, increases the risk of unsafe abortions, and violates health-related rights, especially for adolescent girls. We shall also emphasize on the government’s duty to protect survivors of sexual violence by ensuring they can access quality sexual and reproductive health services, including safe and legal abortion when necessary.
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For more information or enquiries contact:
Nyokabi Njogu
Advocate for KELIN, FIDA-K and WLW and Legal Counsel
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
Karen C, Kuwinda Lane, Off Langata Road
PO Box 112 – 00202 KNH
Tel: 0790 111578
Email: litigation@kelinkenya.org
NAIROBI
Janet Anyango
Deputy Executive Director-
Federation of Women Lawyers in Kenya (FIDA-Kenya)
Amboseli Road, Off Gitanga Road
P.O. Box 46324-00100
NAIROBI
Tel:0704 413923
Agnes Rogo
Managaing Attorney
Women’s Link Worldwide (WLW)
Email: info@womenslinkworldwide.org
Nerima Were & Phanice A. Kwega
Advocates for the Law Society of Kenya
Victoria Towers. 1st Floor,
Kilimanjaro Avenue, Upper Hill
Email: Nerima.were@gmail.com
NAIROBI
