Gov't Sued over Decision to Ban Marie Stopes Clinic from Conducting Abortions in Kenya

A non-governmental organization has moved to court seeking to have an order by the government banning renowned international clinic Marie Stopes from offering abortion services in Kenya.

In a petition filed at the Milimani Law Courts, the NGO, Network For Adolescents and Youth of Africa terms the ban as unconstitutional, arguing that it contravenes the right to life and health.

It further submits that the move by the State prevents women and girls from accessing life-saving services.

“The ban is a deterrent for any woman or girl in Kenya from accessing safe abortion and post abortion services owing to the misinformation it communicates and resultant chilling effect on health service providers who provide chilling effect on health service providers who provide safe and legal abortion and post abortion care services,” read court documents.

The organization wants the court to issue conservatory orders suspending the ban announced by the Director of Medical Services in a letter dated November 14th.

“Any inordinate delay may exacerbate the medical emergency, leading to serious morbidity and in some cases, lead to a patient death,” the NGO adds.

The Kenya Medical Practitioners and Dentist Board (KMPDB) banned the clinic from offering any services related to abortion in all of its 23 outlets across the country.

KMPDB announced the ban after an international NGO, GoCitizen and Kenya Film Classification Board (KFCB) CEO Ezekiel Mutua made complaints about the clinic offering abortion, which is illegal in Kenya.