https://nation.africa/kenya/blogs-opinion/blogs/why-rights-must-strictly-assign-at-birth-5477088

The Court of Appeal (April 2026) overturned a decision of the High Court (March 2019) on the fundamental right to abortion by requiring that the criminal justice process applies to all accused persons charged under sections 158,159 and 160 of the Penal Code.

The most retrogressive effect of this decision is that it undoes efforts made towards increasing the confidence of healthcare providers to respond to emergency cases involving pregnant girls and women. The decision also introduces a likelihood that there may be a difference in prosecutorial trends with respect to these charges.

In the article above, I discuss the inconsistency of the application of this doctrine across property, tax and criminal law.