A debate has been raging for over a fortnight now on a High Court ruling by Justice Rebeun Nyakundi on abortion rights. In the landmark ruling delivered in Malindi, the Judge averred that abortion care is a fundamental right under the Constitution of Kenya. The judge further declared that arbitrary arrests and prosecution of patients and healthcare providers for seeking or offering such services are illegal and a contravention of the Constitution. Thus, with a stroke of the pen, and the fall of the hammer, the judge not only declared abortion legal but put it in the same realms of necessities as food and water – fundamental rights.

Justice Nyakundi seemed to be speaking the very language of abortionists and abortion advocates as he argued for the protection of access to the services. And as would be expected, the response from this group was swift and celebratory. For them, it was the sweet victory of a hard-fought and protracted battle dating back to the days of the first Ghai draft of the constitution in 2002. The Ghai draft had made sweeping provisions for abortion and reproductive health matters, in much the same way as directed by the Malindi court. However, pro-life groups – especially the Church and other religious groups – have put forth an equally spirited battle to keep abortion at bay.