Court lifts bans on Marie Stopes Kenya abortion services

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The High Court at Milimani has struck down three directives that had barred Marie Stopes Kenya from offering abortion services, post-abortion care, and related health information, delivering a major victory for women, adolescents, and marginalized groups.

The directives, issued by the Kenya Film Classification Board (KFCB), the Kenya Medical Practitioners and Dentists Council (KMPDC), and the Director of Medical Services (DMS), had sparked a legal battle spanning more than seven years.

The case was filed by the Network for Adolescents and Youth of Africa (NAYA–Kenya) and Jackline Mary Karanja, represented by the Center for Reproductive Rights, before Justice Chacha Mwita.

A photo of Milimani law courts Nairobi/Photo/File

The petitioners argued that the directives violated the Constitution and denied women and young people access to essential sexual and reproductive health information.

The dispute dates back to August 2018 when Marie Stopes Kenya, in partnership with Radio Africa Group, launched a nine-week public awareness campaign on comprehensive sexual and reproductive health.

Shortly after the campaign began, KFCB halted it, claiming it promoted abortion. KMPDC initiated disciplinary action against Marie Stopes over its abortion services, while the DMS restricted post-abortion care services.

In his ruling, Justice Mwita found the actions of the three bodies unconstitutional and unlawful.

“The court has found the decisions to be ultra vires, unlawful, illegal, and unconstitutional, and orders of certiorari are hereby issued, quashing all three decisions in their entirety,” he ruled.

Justice Mwita stated that KFCB had no mandate to ban public awareness campaigns, KMPDC lacked authority over institutions such as Marie Stopes Kenya, and DMS had exceeded its powers.

The ruling restores Marie Stopes Kenya’s ability to provide abortion services, post-abortion care, and related information.

Reproductive health advocates welcomed the decision, terming it a significant step toward safeguarding access to critical health services and information.

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