The Centre for Reproductive Rights (CRR) has sued state agencies for outlawing Marie Stopes Kenya from offering any abortion and post-abortion care services in the country.

In the suit filed at the high court, CRR is challenging last week’s decision by the Kenya Medical Practitioners and Dentists Board (KMPDB) to ban Marie Stopes from providing “any “ kind of abortion saying it’s a violation of the constitution.

According to The Centre for Reproductive Rights, the Kenyan Constitution makes a provision for an abortion; “when the health or the life of the woman is in danger or in cases of emergency” and therefore the decision to ban the services is a violation of human rights.

“In Kenya, abortion is allowed if in the opinion of a medical provider a woman’s life or health is at risk, or in emergency situations. Post-abortion care is essential emergency care, care to which every woman is entitled,” CRR said in a statement.

The argument by the advocacy group is informed by Article 26 (4) of the constitution, which  provides that “abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment or the life or health of the mother is in danger, or if permitted by any other written law.”

Also named in the suit is the Cabinet Secretary for Health, The Kenya Film and Classification Board (KFCB) and its CEO, Ezekiel Mutua and the Director of Medical Services.

The organization further states that actions of the Kenya Medical Practitioners and Dentists Board (KMPDB) and Kenya Film Classification Board (KFCB) undermine Kenyan women and girls’ access to reproductive health services and information, including access to safe and legal abortion and violates their human rights.

“Women of reproductive age need to access information that will enable them make informed decisions about their bodies and lives. It is, therefore, the government’s obligation to put in place policies and guidelines that address access to safe abortion services and ensure the full implementation of those policies. Women are dying from complications and disabilities that arise from unsafe abortion, yet these deaths are easily preventable,” said Evelyne Opondo, the Senior Regional Director for Africa, at the Center for Reproductive Rights

The Center for Reproductive Rights (CRR) is a global legal advocacy organization that seeks to advance reproductive rights.

MARIE STOPES SUSPENDS ABORTION SERVICES IN KENYA

Marie Stopes Kenya suspended all abortion services last week following orders from The Kenya Medical Practitioners and Dentist Board.

The medical board also ordered Marie Stopes to pull down all the advertisements that were perceived to be against the rules of medical advertising from its online platforms. In the ADs the facility, which is unapologetically pro-choice, was announcing that they provide “safe abortions” to women in need of the services.