NAIROBI — A Court of Appeal in Kenya overturned a 2022 High Court ruling that had affirmed access to abortion as a fundamental right under the country's constitution. The appellate court held that abortion denies a child the right to life as guaranteed in the constitution, which prohibits the procedure except when the life of the mother is at risk.

"In effect, abortion is not a fundamental right guaranteed under the Constitution. On the contrary, the constitution expressly prohibits it but provides exceptions in limited circumstances where it may be permissible." the Court of Appeal said in its ruling.

The 2022 High Court decision had declared the arrest and prosecution of women and health care providers for abortion unconstitutional. That case involved a teenager who went to a hospital with pregnancy complications. A doctor examined her, determined she had lost the pregnancy, and provided emergency post-abortion care. The High Court acquitted both the teenager and the doctor.

The Kenya Christian Professionals' Forum and the attorney general appealed that 2022 ruling. The constitution permits abortion if a trained health care worker recommends it as emergency treatment to save the life or health of the mother, while Kenya's penal code criminalizes abortion and imposes a sentence of up to 14 years in prison for attempting or procuring an abortion.

Charles Kanjama, a lawyer and former chairperson of the Kenya Christian Professionals' Forum, said the Court of Appeal decision restored constitutional balance that had been distorted by the High Court ruling. "That means if somebody is accused of an offense under Sections 158, 159, or 160 of the penal code, as happened in this case, they have to provide evidence to show that they were not engaged in the crime of abortion on demand." Kanjama said.

The Center for Reproductive Rights called the ruling a "setback" and said it will appeal to the Supreme Court of Kenya to correct the anomaly. The organization's planned appeal follows the appellate court's decision, which reversed the 2022 High Court acquittal of the teenager and the doctor.

According to a report jointly published in 2025 by the Ministry of Health, the African Population and Health Research Center, and the Guttmacher Institute, abortion is a leading cause of maternal deaths in Kenya. The report estimated that 792,000 induced abortions occurred in the country between April 2023 and May 2024.