Why Kenya is on trial for policing women’s periods and pregnancies

Seven women die every day in Kenya from complications of unsafe abortions. That’s not a rumour. That’s a cold, bloody fact. Here we are in 2025, yet Kenya’s reproductive health policies still read like they were written in the 1800s by a committee of confused uncles who won’t say “vagina” out loud but want to decide what happens to yours.
At the heart of this mess is a court case that could rewrite Kenya’s reproductive health script: Network for Adolescent and Youth of Africa (NAYA-Kenya) & Another v. Attorney General & 4 Others, Petition No. 428 of 2018. Yes, 2018. This case has been dragging on longer than most pregnancies.
In 2018, Marie Stopes Kenya, collaborating with the Ministry of Health, ran a campaign to reduce unsafe abortions. You would think a country trying to lower maternal mortality would welcome such efforts. Instead, the Kenya Film Classification Board – yes, the people who ban kissing scenes – jumped in and declared the campaign illegal, claiming it was “promoting abortion”. Then the Kenya Medical Practitioners and Dentists Board and the director of medical services told Marie Stopes to stop offering post-abortion care. They banned care after an abortion. What were they hoping for – that women would bleed out as punishment for not asking permission?
NAYA-Kenya and Jack line Mary Ankara decided enough was enough. They filed Petition 428 of 2018 against the Attorney General, Ministry of Health, and several regulatory boards, arguing these actions were unconstitutional and deadly. They had a point. Our Constitution guarantees every Kenyan the right to the highest attainable standard of health under Article 43. Article 26(4) allows abortion when a trained health professional deems it necessary to protect the woman’s life or health, including mental health. Not a priest, not an elder, not your uncle with a WhatsApp theology degree. A health professional.
While they argue morality, girls as young as 10 get pregnant from rape and incest, dying from backstreet abortions with wire hangers and herbs. But sure, let’s silence radio ads and close clinics because a 1950s definition of “decency” matters more than human life.
The case has dragged on for over six years, and the situation remains dire. The bans, though partially lifted, created a chilling effect. Health providers are afraid, women are confused, girls are suffering, and the Ministry of Health’s silence screams louder than any protest.
What NAYA and Jack line want isn’t unreasonable: declare the bans unconstitutional, stop government interference in medical spaces with religious noise, and make the Ministry do its job – educate the public. Imagine that – asking a Health ministry to talk about health.
Organisations like the Centre for Reproductive Rights, Gutta-percha Institute, and WHO back the science. When you restrict safe abortion access, maternal deaths rise. When you provide information, you save lives. This isn’t debatable or controversial – unless you live in a country where policy is written by men who think periods are a curse.
The writer is a sexual and reproductive health Advocate at NAYA KENYA