When does life begin? MPs and doctors differ

The Parliamentary Committee on Health supports the position adopted by the Parliamentary Select Committee on conception as the beginning of life, member Dr Boni Khalwale has said.

The Ikolomani MP, who is a doctor by profession, said his committee concurred with the PSC’s position on the controversial subject.

Dr Khalwale however said if there was any condition that would necessitate termination of a pregnancy it should be in concurrence with a doctor.
“There is room for abortion in the harmonised draft just as it exists in the current constitution,” he added.

He said once the framework is included in the constitution, there will be an Act of Parliament giving guidelines when a pregnancy can be terminated.
“Doctors make such decisions all the time, even under the current constitution,” Dr Khalwale said.

Dr David Esseli, who is also a member of the committee, termed those supporting the clause as pushing a religious viewpoint.

The Kimilili MP said as a paediatrician and gynaecologist, he knows there are times life can be sustained outside the womb.

He said there are many maternal deaths occurring in Kenya due to illegal abortions.

“This will criminalise many women,” Dr Esseli said.

The debate on when life begins has shaped up to be the next contentious issue with churches and medical practitioners divided following the Naivasha agreement by the Parliamentary team.

The issue has brought into focus Kenya’s ability to achieve one of the Millennium Development Goals on reducing maternal mortality by three quarters and the World Health Organisation stated position that restrictive abortion laws kill women.

While the church pushed to have PSC put the now contentious clause in the constitution, reproductive health experts have voiced their concern on the risks the clause exposes women to.

Dr Joachim Osur said the debate had taken a wrong direction, as it was not addressing the real issue.

According to the reproductive health practitioner, the clause on when life begins should not be part of the constitution.

He said the church was concerned that the removal of the clause was tantamount to legalizing abortion.

“This is a recipe for disaster because not all conceptions lead to the birth of human beings,” said Dr Osur.

He warned that putting such a clause in the constitution would prevent medical practitioners from helping in circumstances unrelated to abortion.
Health workers would not intervene in cases of ectopic pregnancies and spontaneous abortions.

“By stating when life begins, medical practitioners may be required to get court orders to intervene in such circumstances to the detriment of the life and health of women,” Dr Osur added.

“Let us have an Act of Parliament to address all these issues,” he added.

Dr Sarah Onyango, another gynaecologist, said there should be wider and broader consultations before stating that life begins at conception.

She said putting that in the law would not stop women from getting abortions.

Dr Otieno Nyunya said the inclusion of the clause begins criminalized abortion at the highest level.