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High Court maintains abortion is illegal, fines State Sh3m

The High Court on Wednesday ruled that abortion is still illegal in Kenya.

The court also declared the directive by Health ministry that led to withdrawal of national guidelines for the abortion procedure illegal.

The judges who were presiding the case included judges Aggrey Muchelule, Lydia Achode, Mumbi Ngugi, George Odunga, and John Mativo.

The case was brought in court by the Center for Reproductive Rights through the Federation of Women Lawyers (FIDA) Kenya who sued the Ministry of Health and the Attorney General for withdrawing the abortion guidelines.

Following the ruling, the court ordered the government to pay Sh3 million as compensation to the mother of the child who died due to a botched abortion after being raped.

Read Also: Nairobi court to rule on when medical officers can offer abortion services

The 15-year-old was treated at Kisii Level Five hospital after complications arose from her abortion.

She was taken to Tenwek Hospital as Kisii Hospital could not offer a dialysis and died at Tenwek’s intensive care unit.

The court also directed health workers to stop attending trainings on giving safe abortions due to the illegality of the process.

The petitioners however vowed to appeal the ruling as barring health workers from getting health information in trainings will inhibit the provision of live-saving abortion care.

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