The High Court lifted restrictions that had barred Marie Stopes Kenya from offering abortion services, post-abortion care, and related public information, after finding that the directives were issued without legal authority.
Justice Chacha Mwita quashed decisions made by the Kenya Films & Classification Board (KFCB), the Kenya Medical Practitioners and Dentists Council (KMPDC), and the Director of Medical Services (DMS), terming them unconstitutional, unlawful, and ultra vires.
The ruling followed a petition filed in November 2018 by the Network for Adolescents and Youth of Africa (NAYA–Kenya) and Jackline Mary Karanja, who were represented by the Center for Reproductive Rights.
The petition challenged the bans, arguing that they denied women, girls, and young people access to lawful sexual and reproductive health information and services.
Justice Mwita held that none of the three bodies had the constitutional or statutory mandate to impose the restrictions.
“The court has found the decisions to be ultra vires, unlawful, illegal, and unconstitutional, and orders of certiorari are issued quashing all three decisions in their entirety,” the judge ruled.
The court found that the KFCB overstepped its mandate by banning a public awareness campaign run by Marie Stopes Kenya in partnership with the Ministry of Health and aired through the media, noting that the Board lacked legal authority to prohibit such campaigns.
On the KMPDC, the judge ruled that the council had no power to conduct disciplinary proceedings against institutions, as its mandate was limited to individual medical practitioners and dentists.
Justice Mwita further held that the Director of Medical Services unlawfully usurped the powers of the Director-General of Health, rendering the directive banning post-abortion care illegal.
The petitioners had argued that the bans exposed women and girls seeking urgent and lawful medical care to serious risk, and infringed on constitutional rights to health, information, and dignity.
Meanwhile, a lawyer has raised concerns over accessibility challenges at the Milimani Law Courts, with a formal petition now calling on the Judicial Service Commission (JSC) to urgently address infrastructural deficiencies that allegedly impede access to justice for persons living with disabilities.
In a letter addressed to the Commission, advocate Danstan Omari has highlighted what he describes as serious and ongoing barriers within the court complex that disadvantage court users with mobility and visual impairments.
According to the petition, the shortcomings undermine constitutional guarantees on equality, dignity, and access to justice.
Among the key issues raised is the absence of functional ramps and lifts, particularly at the Magistrates’ Criminal Division and courtrooms located on the first floor and upper levels.
Omari notes that the lack of such facilities effectively locks out wheelchair users and others who rely on mobility aids, affecting not only members of the public but also judicial officers and court staff living with disabilities.
The letter further points to the absence of handrails and tactile guiding rails for persons with visual impairments, warning that the situation poses a significant safety risk.
He further claimed several falls and injuries have already occurred due to these deficiencies, exposing court users to avoidable harm within what should be a safe and inclusive public institution.
The advocate urged the JSC to prioritise infrastructural upgrades across key divisions of the Milimani Law Courts, including the Criminal, Commercial, and Family Divisions, to bring the facilities into line with accessibility standards and inclusive design principles.
He also appealed to the Commission to take advantage of the ongoing judicial recess to implement the necessary remedial measures before the commencement of the new court term, in order to minimise disruption to court operations.
Omari expressed confidence that the Commission would treat the matter with urgency, emphasising the need to safeguard the rights, safety, and dignity of all court users.
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