Court of Appeal Declares Abortion Illegal Except in Life Threatening Cases

The Court of Appeal has ruled that abortion remains illegal in Kenya, permitted only when the life or health of the mother is in danger. 

The decision, delivered on Friday, April 25, 2026, clarifies the scope of Article 26(4) of the Constitution, which states that abortion is not permitted unless, in the opinion of a trained health professional, there is a need for emergency treatment, or the life or health of the mother is in danger. 

In a judgement delivered in Malindi, a three-judge bench held that the Constitution does not create a general right to abortion. The judges stated that any termination of pregnancy outside the narrow exception of risk to the mother’s life or health is prohibited under the Penal Code. The ruling overturns a 2022 High Court decision that had interpreted the provision more broadly to include mental health and cases of sexual violence.

“Article 26(4) is an exception to the right to life, not a right in itself,” the court noted.

The Ministry of Health is expected to issue updated guidelines to public and private facilities to align with the judgment. The Penal Code sections 158-160, which criminalize abortion, remain in force.