Milimani Law Courts will on Wednesday make a ruling on when a medical practitioner can perform safe but legal abortion.
The case was tabled by the Center for Reproductive Rights through the Federation of Women Lawyers (FIDA) Kenya and three others vs Attorney General and two others.
The Center for Reproductive Rights will be challenging a memo sent to all private and public health workers prohibiting performance of abortions.
“The Constitution of Kenya 2010 is clear that abortion on demand is illegal,” read part of the memo from the Director of Medical Services at the Ministry of Health.
According to the Center for Reproductive Rights, the memo did not state under which circumstances an abortion is legal.
The health practitioners are also prohibited from receiving trainings on safe abortion care or use of Medabon drug for medical abortion.
“The memo threatens health workers with legal and professional sanctions, even though trainings are essential to the development of health workers skills in comprehensive and life-saving abortion care,” the Center for Reproductive Rights states.
The center will also be challenging the withdrawal of the ‘Standards and Guidelines for Reducing Morbidity and Mortality from Unsafe Abortion in Kenya’ by the Ministry of Health.
“The Ministry arbitrary withdrew the Standards and Guidelines without consulting the multi-sector stakeholders who had participated in their development,” the center wrote.
The Center for Reproductive Rights is aggrieved because the health practitioners were left without any guidance on when to offer safe abortion services.
The ruling will be made on Wednesday at the Milimani Law Courts at room 18 as from 2:30pm.