Understanding abortion laws: Abortion is a very controversial topic in Kenya. Below is a look at what the law says about it.
Abortion Laws in Kenya
According to the constitution of Kenya, Article 26(4), abortion is not permitted unless, a trained health professional deems it necessary during an emergency treatment, or where the health or life of the mother is endangered.
Consequences of carrying Out an Abortion
The Penal Code, Articles 158-60 and 228-40 lay out the consequences of carrying out abortions.
If a person is found to have intent to induce a miscarriage of a woman, regardless of whether she is pregnant or not and unlawfully gives her any poison or substance or any means to create the miscarriage is guilty of felony. The guilty party shall be liable to a prison term of fourteen years.
Additionally, any woman who is pregnant has intent to induce her own miscarriage through poison or any other substance, or uses any other means, or even allows such an act to be performed on her, is guilty of a felony. The guilty party shall be liable to a prison term of seven years.
The law also prohibits the supply of drugs or instruments used for abortions. Furthermore, when a child dies before it is conceived, and the cause of death is not natural, the person who causes this death is guilty of a felony. The guilty party shall be liable to face a lifetime in prison.
The law supports abortions if a medical practitioner performs a surgical operation upon the mother or her unborn child in order to preserve the mother’s life. However, such an operation should be reasonable and should consider the patients circumstances at the time.
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