Lobby to appeal acquittal of minor, medic arrested after abortion
A lobby group is angry with a Malindi court ruling that acquitted a minor for procuring post-abortion services and a healthcare practitioner who provided the services.
The minor was arrested alongside the medic Salim Mohammed while she was receiving treatment back in 2020.
Malindi High Court judge Reuben Nyakundi on March 25 said the two had no case to answer.
"PAK was recovering from a medical procedure and police did not have the medical qualifications to determine whether she was in a condition to leave the clinic regardless of her admission status at the said clinic," Nyakundi said.
He also found that private communication between a patient and healthcare provider is guaranteed in the constitution and in this case, the patient had not consented to its disclosure.
Additionally, he said PAK’s arrest was inhumane and degrading and being a minor, she ought not to have been interrogated without legal representation.
The accused had defended themselves saying the practitioner was giving necessary medical treatment that all Kenyans have a right to.
They also argued that the practitioner was saving a life by providing the post-abortion care.
Nyakundi said Parliament should enact an abortion law and public policy framework that aligns with the constitution.
The lobby group Citizen Go issued a notice of appeal against the ruling, terming it unconstitutional.
The notice signed by Ann Kioko, Campaigns director for Africa and the UN at Citizen Go expressed extreme dissatisfaction over Nyakundi's ruling.
“The Kenyan constitution is very clear on the fundamental right to life and it is important that we promote the rights that are stipulated instead of the limitations,” she said.
Kioko said this was judicial activism, condemning it for the continued push for abortion in Kenya.
“We hope that the judicial process will continue interpreting the Kenyan constitution in its spirit. For now, all we can say is, see you in court,” she said.
Article 26 (4) of the constitution prohibits abortion except under strict circumstances.
“Unless, in the opinion of a trained health professional, there is a need for emergency treatment or the life or health of the mother is in danger, or if permitted by any other written law," the Constitution says.
It is also allowed in the event that pregnancy was a result of sexual violence.
The new abortion guidelines by the World Health Organisation recommended that Kenya adopts simple primary care level interventions to improve the quality of abortion care provided to women and girls.
"End regulations that limit who can provide and manage abortion care that is inconsistent with the WHO guidance," they recommended. BY THE STAR
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