Dear Fida-Kenya,
I voted against the new Constitution during the last referendum because of issues relating to the abortion clause and termination of pregnancy. What does the law really say about it?
Kamau, Nairobi.
Dear Kamau,
It is important that one makes an informed choice. That is why in the period leading up to the referendum, actors made efforts to provide civic education to members of the public on the contents of the Constitution that was passed and promulgated in August last year. It is important for you to continue reading and familiarise yourself with the document.
While your question is in respect to abortion, you will note that for provisions relating to abortion in the Constitution to be understood, one must read the general provision of ‘Right to Life’ set out under Article 26 of the Constitution.
What is provided under that article is that everyone has the right to life. Life is defined as beginning at conception. The provision then goes on to state under Article 26(4) that abortion is not permitted.
However, there are instances where abortion may be permitted under the law — when in the opinion of a trained health professional, there is need for emergency treatment or where the life or health of the mother is in danger. This means that there are select circumstances when abortion may be permitted and these are clearly outlined in the Constitution.
Health professionals have clear procedural and ethical guidelines set out by the Ministry of Health and their professional code of conduct that ensure decisions are not made arbitrarily, and also that the necessary after-care and treatment is offered to the mother.
