The High Court has overturned restrictions that had prevented Marie Stopes Kenya from providing abortion services, post-abortion care and related public education, after determining that the directives were issued without proper legal backing.
Justice Chacha Mwita nullified actions taken by the Kenya Films & Classification Board (KFCB), the Kenya Medical Practitioners and Dentists Council (KMPDC) and the Director of Medical Services (DMS), declaring them unconstitutional and beyond their legal power.
The decision originated from a petition filed in November 2018 by the Network for Adolescents and Youth of Africa (NAYA–Kenya) and Jackline Mary Karanja, with legal representation from the Center for Reproductive Rights.
The petition contested the restrictions, stating that they unfairly limited access for women, girls and young people to legally permitted sexual and reproductive health information and services.
Justice Mwita ruled that none of the three institutions had the constitutional and statutory authority to enforce such measures, concluding that all the decisions were invalid and ordered their dismissal.
