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The High Court has overturned orders that had stopped Marie Stopes Kenya from providing abortion-related services, post-abortion care and public education, ruling that the restrictions were imposed without proper legal backing.
Justice Chacha Mwita nullified directives issued by the Kenya Films and Classification Board (KFCB), the Kenya Medical Practitioners and Dentists Council (KMPDC), and the Director of Medical Services (DMS), declaring them unconstitutional, unlawful and beyond their legal authority.
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The decision stems from a petition filed in November 2018 by the Network for Adolescents and Youth of Africa (NAYA–Kenya) together with Jackline Mary Karanja, who were represented by the Center for Reproductive Rights.
The petitioners argued that the bans unfairly limited access to lawful sexual and reproductive health services and information for women, girls and young people.
In his ruling, Justice Mwita stated that none of the three institutions had the constitutional or statutory power to impose the restrictions. He noted that their actions were illegal and issued orders quashing all the decisions in full.
The court found that the KFCB exceeded its mandate by blocking a public awareness campaign by Marie Stopes Kenya that was conducted in collaboration with the Ministry of Health and broadcast through the media, stating that the board lacked authority to ban such campaigns.
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Regarding the KMPDC, the judge ruled that the council could not discipline institutions, as its powers are limited to regulating individual medical practitioners and dentists.
Justice Mwita also held that the Director of Medical Services acted unlawfully by assuming the role of the Director-General of Health, making the directive against post-abortion care invalid.
The petitioners had maintained that the restrictions placed women and girls in danger by limiting access to lawful and urgent healthcare, and violated constitutional rights to health, access to information and human dignity.
