Court to rule on ban blocking Marie Stopes from offering abortion services
A Nairobi High Court is set to rule on a ban that was imposed against Marie Stopes Kenya from offering abortion services in its facilities and public campaigns on the same.
This is after the Network for Adolescents and Youth of Africa (NAYA–Kenya) and Jackline Mary Karanja moved to court challenging the directive that was issued on November 14, 2018.
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According to NAYA-Kenya and Mary, the Director of Medical Services (DMS) in the Ministry of Health, without any complaint from anybody or notice to Marie Stopes Kenya or any hearings, further banned them from providing any post-abortion care, including in emergency situations.
Also watch: Major gaps in post-abortion care in Kenya, study reveals
They argue that, as a result of the ban, women and girls who present themselves in the clinics in need of urgent medical emergency care in the form of safe abortion and post-abortion care cannot access lawful, vital lifesaving services pending the hearing of their petition.
According to the two petitioners, the directive by the Kenya Film Classification Board (KFCB), the Kenya Medical Practitioners and Dentists Board (KMPDC), and the Director of Medical Services (DMS) was unconstitutional, exceeded the powers of those bodies, and infringed on women’s and adolescents’ rights.
Appearing before Milimani High Court Judge Chacha Mwita on Friday, September 19, 2025, NAYA-Kenya and Mary, through their legal team, also told the court that KFCB did not have the authority to ban the radio reproductive health awareness campaign since its mandate is limited to films and stage plays.
They strongly opposed the KFCB claim that the public awareness campaigns on comprehensive reproductive health services that were on the radio were advocating for abortion.
“The bans imposed by the KFCB, KMPDC, and the DMS were unconstitutional, exceeded their legal mandate, and violated fundamental rights,” the legal team representing the petitioners told the court.
