Women lobby sues State over annulment of safe abortion guidelines

The Government has been put to task over unsafe abortions, with women groups and a victim of defilement seeking the court's interpretation of when a legal abortion can be provided.

The Centre for Reproductive Rights filed the case on behalf of Federation of Women Lawyers yesterday, saying revocation of safe abortion guidelines sometime last year denied women their right to health.

The women lobby sued Attorney General Githu Muigai, Health Cabinet Secretary James Macharia and the Director of Public Health Nicholas Muraguri. They said women who undergo grave situations warranting termination of their pregnancies are unable to access services of health professionals, leading to either deaths or complications in the hands of quacks.

Through their lawyer Harun Ndubi, they argued rape was one of the legal grounds for termination of pregnancy. Mr Ndubi told High Court judge Mumbi Ngugi the revoked guidelines provided abortion as one way of managing sexual violence.

"As a part of implementing the Constitution and its abortion provisions, the Ministry of Health spearheaded the development of standards and guidelines for reducing morbidity and mortality for unsafe abortions. The director of medical services arbitrarily withdrew the standards on December 3, 2013 under unclear circumstances," Ndubi said.

Also in the case is a minor who was raped by her step-father. The 15-year-old girl ended up in a quack's den to end the stigma and the end result was a chronic kidney disease. She is currently undergoing dialysis awaiting to raise money for a kidney transplant.

The court heard that more than 120,000 women in 2012 were admitted in public health facilities with complications related to unsafe abortions and more than 260 others succumbed. Kenya was said to be one of the 10 countries that contributed to 58 per cent of global maternal deaths reported in 2013.

The court heard that medical professionals were supposed to undergo training on how to secure a safe abortion. The target group included nurses and clinical officers who were to learn how to use Medabon medicine to induce abortion. The court heard that the training was rescinded with an order that healthcare workers would be subjected to disciplinary action if they participated in it.

Ndubi added that health workers avoid helping in safe abortions due to fear of prosecution or punishment.

The court was asked to declare the rights of women and adolescent girls of reproductive age had been violated. The lobby is also seeking to have the guidelines reinstated and rape declared one of the legal grounds for securing an abortion. The other prayer is seeking compensation for the girl.