The Court of Appeal in one nation has released a stunning conclusion: Its national constitution does not include a fundamental right to abortion.
A report posted at LifeNews explains the word comes from the Kenyan Court of Appeal, which said, “Abortion is not a fundamental right guaranteed under the Constitution. On the contrary, the Constitution expressly prohibits it but provides exceptions in limited circumstances.”
The panel of three judges reversed a 2022 High Court ruling that had expanded access to the industry of destroying unborn babies.
The verdict was delivered in Malindi, according to the report, by Justices Gatembu Kairu, Kibaya Laibuta and Grace Ngenye.
It was in response to several cases consolidated for appeal, and said Article 26 of the constitution, which confirms life begins at conception, was the deciding factor. the report said.
LifeNews reported, “The ruling revives criminal proceedings against an abortionist stemming from a 2019 case in which the teen girl who had an abortion suffered complications from an abortion. The High Court had quashed those charges in 2022. The appeals court set aside that judgment and ordered the original criminal cases to proceed on their merits.”
Kenya’s laws permit abortion when, and only when, a health profession confirms there is risk to the life or health of the mother or in cases of emergency treatment.
Abortion industry components said they would appeal.
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