Women rights groups’ fury at abortion clause

A woman’s individual right to decide on whether or not to carry a pregnancy to term could soon be curtailed by a proposed law that seeks to bring it to an end.

According to the harmonised draft constitution, the life of a person begins at conception, a statement that has sparked a row among religious leaders, medical professionals and pro-life activists.

However, a sub-section of the clause in the draft law says that abortion will only be permitted when, in the opinion of a registered medical practitioner, the life of the mother is in danger.

Currently, a woman can seek for termination of a pregnancy after consulting a doctor who also consults two other doctors before proceeding with the medical procedure.

“A doctor is the only person authorised to terminate a pregnancy,” said Prof James Karanja of the Kenya Obstetrical and Gynaecological Society.

“Expectant mothers who may be in danger in areas that lack doctors will be in a precarious position,” he said, adding that women in rural areas were likely to suffer the most.

Severe blood pressure during pregnancy, some cancers and severe heart disease are some of the medical interventions in which abortions can be performed.

Sickle cell anaemia and severe foetal abnormalities are the other options in which doctors are allowed to intervene.

The Kenya Medical Association said the clause would stop doctors from intervening in a medical emergency involving a pregnant woman.

According to Dr Otieno Nyunya, an official with the association, about 2,000 maternal deaths in public hospitals are caused by abortion-related complications. At least 21,000 women are admitted in public hospitals annually over abortion-related complications, the doctor said.

“Prohibiting abortion will not stop women from procuring them, but we should be allowed to intervene in medical emergencies,” said Dr Nyunya.

Women lawyers also called for the revision of the clause and asked the constitutional experts to consider the challenges faced by women.

“Women are victims of sexual violence among other violations thus they should be assisted to move forward with respect and dignity,” said Fida deputy executive director, Ms Grace Maingi-Kimani.

“Why should a 14-year-old girl who is defiled be forced to carry a pregnancy that will haunt her for the rest of her life? ” said Ms Maingi-Kimani.

And according to Prof Karanja, at least 30 per cent of conceptions end up in spontaneous abortions and miscarriages.

National Nurses Association of Kenya national chairman Luke Simba warned that the proposed clause would increase maternal deaths as nurses would have to wait for a registered medical practitioner to authorise post-abortion care.

Currently the doctor-patient ratio in the country stands at one to 100,000 compared to the recommended 10,000 patients.

“According to the draft, a nurse who treats a mother presenting spontaneous abortion will be jailed for murder in addition to offering care prohibited by the law,” Mr Samba said.

The clause, the medics said, would create a “restrictive legal regime” that would prohibit the provision of medical emergencies.

The Catholic Church strongly opposes abortion and had called for a clarification on when life begins.

Currently, the need for contraception in Kenya stands at 25 per cent, leading to unwanted pregnancies that are later aborted.

Support clause

Gender minister Esther Murugi supported the clause, but called for medical intervention where the mother’s life was in danger.

Religious leaders urged medics to save the lives of both the mother and the child in the event of a medical emergency.

“This is a theological, social, medical and moral issue that should be strictly observed,” said Father Emmanuel Ngugi of the Caritas Archdiocese of Nairobi.

According to statistics, more than 300,000 women in Kenya procure abortions every year.