Kenya’s Abortion Provisions

 

Constitution of Kenya (2010), Article 26(4)
The Penal Code, Laws of Kenya, Cap. 63, Revised Edition (2009), Articles 158-160, 228 and 240


Constitution of Kenya (2010), Article 26(4)

Article 26(4). Right to Life

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.


The Penal Code, Laws of Kenya, Cap. 63, Revised Edition 2009 (2008), Articles 158-160, 228 and 240

Article 158. Attempts to procure abortion.

Any person who, with intent to procure miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a felony and is liable to imprisonment for fourteen years.

Article 159. The like by woman with child.

Any woman who, being with child, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means to be administered or used to her, is guilty of a felony and is liable to imprisonment for seven years.

Article 160. Supplying drugs or instruments to procure abortion.

Any person who unlawfully supplies to or procures for any person any thing whatever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman whether she is or is not with child, is guilty of a felony and is liable to imprisonment for three years.

[…]

Article 228. Killing unborn child.

Any person who, when a woman is about to be delivered of a child, prevents the child from being born alive by any act or omission of such a nature that, if the child had been born alive and had then died, he would be deemed to have unlawfully killed the child, is guilty of a felony and is liable to imprisonment for life.

[…]

Article 240. Surgical operation.

A person is not criminally responsible for performing in good faith and with reasonable care and skill a surgical operation upon any person for his benefit, or upon an unborn child for the preservation of the mother's life, if the performance of the operation is reasonable, having regard to the patient's state at the time and to all the circumstances of the case.