Married women in Kenya, driven by economic, career, and family planning pressures, account for the majority of induced abortions, often resorting to unsafe methods due to legal and access barriers.
A 2023 report by the African Population and Health Research Centre (APHRC), in collaboration with the Ministry of Health and Guttmacher Institute, estimates 792,694 induced abortions, with 78.6% (approximately 623,058 cases) among married women.
This translates to an abortion rate of 57 per 1,000 women aged 15–49.
Titled Incidence of Induced Abortions and Severity of Abortion-Related Complications in Kenya, the report indicates that 78.6% of these abortions (approximately 623,058 cases) were among married women.
Of the 3,710 women treated for abortion-related complications in Kenyan health facilities in 2023, 2,643 were married, 616 were never married (16.6%), and 178 were divorced, separated, or widowed (4.8%).
The data further shows that 90.9% of women procuring abortions were Christian (approximately 720,559 cases), while 9.1% were Muslim (about 72,135 cases).
Women aged 24–34 accounted for 41.8% of abortions, followed by those over 35 (15.6%) and adolescents under 20 (13.6%).
Reasons for Terminating Pregnancies
The report highlights that 65.6% of women who had abortions had previously given birth, and 29.1% had four or more pregnancies.
APHRC senior researcher Kenneth Juma noted that economic pressures, career aspirations, and desires for smaller families or delayed childbearing drive many married women to seek abortions.
Juma debunked the misconception that abortions are primarily sought by adolescents or unmarried women, emphasising that married women often terminate pregnancies due to economic hardship, career goals, or child spacing.
Methods of Abortion
Abortion methods included manual vacuum aspiration, medication abortion, and traditional approaches like herbs, teas, and massage.
Harmful methods, such as inserting sharp objects, consuming caustic substances, or using non-recommended doses of pills, were also reported.
Some women used non-harmful methods like Coca-Cola, alcohol, or concentrated juice.
Post-Abortion Care (PAC)
More women are seeking timely PAC for mild complications at public and lower-level health facilities.
However, less than 20% of primary healthcare facilities meet basic standards for comprehensive PAC services, revealing significant gaps in care.
Legal Framework for Abortion in Kenya
Abortion in Kenya is governed by the 2010 Constitution and the Penal Code, creating a complex legal landscape.
Article 26(4) of the Constitution permits abortion when a trained health professional determines there is a need for emergency treatment or the life or health (physical, mental, or social) of the mother is in danger or if allowed by other laws, such as in cases of rape or incest under the Sexual Offences Act.
However, the Penal Code (Articles 158–160) criminalises abortion outside these exceptions, with penalties of up to 14 years imprisonment for providers and 7 years for women.
Key court rulings have clarified these rights:
- In FIDA-Kenya v. Attorney General (2019), the High Court affirmed the constitutional right to abortion for health risks, including sexual violence, and ruled the 2013 withdrawal of abortion guidelines unconstitutional.
- In PAK and Salim Mohammed v. Attorney General (2022), the Malindi High Court declared arbitrary arrests of patients or providers illegal, emphasising that forcing women to carry unwanted pregnancies or seek unsafe abortions violates their dignity and autonomy.
Despite these rulings, legal ambiguity persists due to the outdated Penal Code, leading to restrictive practices by healthcare providers fearing prosecution.
Approximately 2,600 women and girls die annually from unsafe abortions, with 21,000 requiring hospitalisation.
Cultural stigma, misinformation, and opposition from religious groups, some backed by U.S. anti-abortion organisations, further limit access to safe services.
The Maputo Protocol and Kenya’s Obligations
The Maputo Protocol (Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa), adopted in 2003, is the first international treaty to recognise abortion as a human right under specific conditions.
Article 14(2)(c) mandates that states authorize medical abortion in cases of sexual assault, rape, or incest, or when the pregnancy endangers the mother’s mental or physical health, the mother’s life, or the fetus’s life.
It also requires states to ensure accessible, quality reproductive health services to reduce unsafe abortions.
Kenya signed the Maputo Protocol but recorded a reservation on Article 14(2)(c), stating it is not bound by the abortion provisions unless explicitly permitted by domestic law.
Despite this, Kenya’s Constitution and court rulings partially align with the Protocol:
- Article 26(4) mirrors the Protocol’s grounds for abortion, particularly regarding maternal health and life.
- Judicial rulings (FIDA-Kenya and PAK) support the protocol’s call for accessible services and the removal of barriers like arbitrary prosecutions.
However, Kenya falls short of full compliance due to
- The Penal Code’s restrictive provisions conflict with the Constitution and the Protocol.
- The reservation on Article 14(2)(c), limiting legislative alignment with the Protocol’s abortion provisions.
- Inadequate PAC services, with less than 20% of facilities meeting standards, contradict the protocol’s requirement for quality care.
The high prevalence of unsafe abortions (792,694 in 2023) underscores non-compliance with the protocol’s mandate to reduce unsafe abortions through legal reforms and accessible services.
Advocacy groups, including the Centre for Reproductive Rights and Reproductive Health Network Kenya, leverage the protocol to push for lifting the reservation, harmonising laws, and expanding safe abortion access.
Opposition from religious groups, particularly Christian and Catholic leaders, argues that the protocol promotes abortion against traditional values, complicating reforms.
