Kenyan Court Exonerates Health Care Provider and Mother of Adolescent Girl From Abortion Charges

The Center for Reproductive Rights reported on the dismissal of Republic v. Samson Mwita & Grace Wanjiku on September 25th. The Center for Reproductive Rights summarizes the case: 

The defendants, Samson Mwita and Grace Wanjiku, were arrested and charged in September 2018 when police stormed the health facility where Wanjiku’s 16-year-old daughter was being treated by Mwita for pregnancy related complications following a sexual assault as a minor.

Under the charges of procuring an abortion, Mwita and Wanjiku faced up to 14 years imprisonment under section 158 of Kenya’s Penal Code—but the Court determined that the prosecution presented no evidence to sustain the charges. Following the acquittal by the Chief Magistrates Court, neither Mwita nor Wanjiku can be charged again for the same allegations.

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“After living under the shadow of prosecution for five long years, our clients, Mwita and Wanjiku, have finally received release from unjust charges that have affected every facet of their lives. No mother or health care provider should be treated as a criminal for protecting the rights of an adolescent.”

Kenya’s 2010 Constitution protects abortion as a fundamental right guaranteed when life or health, including mental health, are at risk, and in cases of sexual assault. Despite those protections, Kenya’s Penal Code continues to criminalize abortion, and abortion care remains almost unobtainable in most of the country, especially in rural areas. In addition, women, girls and health care providers continue to face harassment, arrest and prosecution when attempting to access or provide abortion care.