Is abortion legal in Kenya?
Constitution of Kenya, 2010 · sources read 5 Oct 2026
Abortion is not allowed in Kenya unless a trained health professional decides there is need for emergency treatment, or the mother's life or health is in danger, or another written law permits it. The Constitution says a person's life begins at conception.
- Where
- A hospital or trained health professional; the High Court if a right is denied
Steps
- Whether an abortion is allowed is decided by a trained health professional: for emergency treatment, or where the mother's life or health is in danger.
- In an emergency, go to the nearest hospital. No one may be denied emergency medical treatment.
- If you believe your right to health care or life has been denied, you can go to the High Court.
Watch out
- Outside these cases, abortion is not permitted.
- The right to health includes reproductive health care.
- Under the Health Act, every person has a right to treatment by a trained health professional (a medical officer, nurse, midwife or clinical officer) for conditions during pregnancy, including abnormal pregnancies such as ectopic pregnancy, or any condition the pregnancy has made so bad that the mother's life or health is threatened.
- The 'trained health professional' must be trained to manage pregnancy complications and hold a valid licence for the procedure.
- Unlawful abortion is still a crime under the Penal Code: up to 14 years for the person who carries it out, up to 7 years for the woman, and up to 3 years for supplying drugs or instruments.
Who this covers
- Every person: the Constitution protects the right to life, and says life begins at conception.
Official sources (3)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Penal Code (Cap. 63) new.kenyalaw.org · read 4 Oct 2026
- Health Act (Cap. 241, No. 21 of 2017), version of 10 July 2026 new.kenyalaw.org · read 5 Oct 2026