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Police have been accused of demanding huge bribes from doctors or they be arrested for allegedly assisting women to procure abortions.
A group of doctors have said that since last month when nurse Jackson Namunya Tali, was sentenced to die for causing death through an abortion, they have been working in fear or turning away needy women.
Nurse Tali of Gachie sub-location, Kiambu County, was accused of murdering 24-year-old Christine Atieno in 2009, by helping her to procure an abortion. The High Court found him guilty and sentenced him to death last month.
According to Dr John Nyamu of the Reproductive Health Network, since the ruling was made, the police have been visiting clinics on Fridays asking for as much as Sh50,000 or they send the health doctors to the hangman ‘as they did their colleague.’
Addressing a press conference in Nairobi yesterday, the doctors and reproductive health rights groups said three cases have already been documented. One of them is a doctor from Kenyatta National Hospital.
According to Jeremiah Maina of National Nursing Association of Kenya, many medics had reported harassment from police.
“Some of our members are reporting that they now have to place sentries outside their clinics to spot out the rogue policemen,” Dr Joachim Osur, a reproductive rights specialist said.
“It is tragic for medical workers to be harassed when saving lives. The Constitution is clear under what circumstances an abortion can be procured and by whom, hence the recent ruling sends dangerous signals,” he added.
Lawyer Cliff Ombeta has already served the High Court with a notice to file an appeal against the Tali sentence, and they are ready to fight the ruling even if it means going to the Supreme Court.
“We are still surprised by the logic employed by the judge while executing his verdict,” said Evelyne Opondo a human rights lawyer.
She said Justice Nicholas Ombija’s judgement had emboldened the police to raid health clinics, intimidate health workers and may be pushing more women to turn to back street abortions.
By nature, Maina said the work of health workers means dealing with matters of life and death, and as such, cases of negligence should involve representatives from professional organisations, something he said did not happen in this case.
Prof Joseph Karanja of the Kenya Obstetrics and Gynaecological Society, said the whole confusion could have been cleared if the Government had moved fast to create an Act of Parliament or guidelines on abortion as enshrined in the Constitution.
“Such should be circulated widely and especially to law enforcement officers so that they understand the rights of the woman and of the health workers,” said Prof Karanja, who teaches at the University of Nairobi.
Such guidelines had indeed been developed by the Ministry of Health, but withdrawn last year under pressure from pro-life groups. The civil society and church had complained that the guidelines made it too easy to procure an abortion in the country, and wanted the guidelines revised.
“I was part of the technical working group revising the guidelines, and we are now making the final touches before they are presented to a wider audience for discussion. But still strong opposition exists,” said Prof Karanja.
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