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s to article 26 of the new drafted 2010 constitution 10 due to the persistent efforts of the kenyan federation of women lawyers fida and other women s choice organizations the amendments were never implemented 10 the kenyan penal code edit the 2012 2010 revision of the kenyan penal code chapter 63 incorporates and prescribes punishments regarding abortion laws 11 sections 158 160 directly address women aborting or miscarrying 11 section 158 attempts to procure abortion any person who with intent to procure miscarriage of a woman whether she is or is not with child unlawfully administers to her or causes her to take any poison or other noxious thing or uses any force of any kind or uses any other means whatever is guilty of a felony and is liable to imprisonment for fourteen years 11 section 159 the like by woman with child any woman who being with child with intent to procure her own miscarriage unlawfully administers to herself any poison or other noxious thing or uses any force of any kind or uses any other means whatever or permits any such thing or means to be administered or used to her is guilty of a felony and is liable to imprisonment for seven years 11 section 160 supplying drugs or instruments to procure abortion any person who unlawfully supplies to or procures for any person any thing whatever knowing that it is intended to be unlawfully used to procure the miscarriage of a woman whether she is or is not with child is guilty of a felony and is liable to imprisonment for three years 11 additionally section 240 of the kenyan penal code cap 63 provides further clarification of the basis of surgical operations in relation to a mother s health and unborn children 11 section 240 surgical operation a person is not criminally responsible for performing in good faith and with reasonable care and skill a surgical operation upon any person for his benefit or upon an unborn child for the preservation of the mother s life if the performance of the operation is reasonable having regard to the patient s state at the time and to all the circumstances of the case 11 abortion and rape edit after the growth of sexual violence coupled with the overall post election violence of the 2007 2008 kenyan crisis kenya saw a need to address the threat and the various consequences of sexual violence particularly against women and girls that had risen in the country 12 although kenya s ministry of health did not intend to include abortion in the debate at the time a decade later the topic of rape and abortion was clarified in the supreme court 12 pregnancies that are the result of a rape can be terminated by experts a june 2019 judgment by the supreme court ruled 3 the court was compelled to advise health workers to provide safe and legal abortion in a petition by the kenyan federation of women lawyers fida 3 impact of abortion laws edit due to the limitations placed on abortions in the constitution women often seek secretive and illegal methods of obtaining an abortion in kenya 13 historical context edit aside from the cultural stigmas associated with abortion as a result of traditional customs and religious beliefs many limiting abortion laws throughout africa are rooted in rules and regulations set during the colonial era 14 during the 1990s there were increased opposition movements against educating adolescents on sexual reproductive health headed by religious and political leaders in kenya 15 both catholic and muslim religious leaders led public demonstrations in august 1995 15 president daniel arap moi supported these movements until 1999 when he declared support for the purveying of contraception amidst the hiv aids epidemic in kenya 15 this began a new wave of debates and discourse regarding contraception and sexual reproductive health on a public stage in kenya 15 in the 1980s and 90s and in regards to abortion specifically the kenyatta national hospital s data reveals incomplete abortions accounted for more than half of all the gynecological admissions 16 unsafe abortion practices edit some of the reasons why kenyan women choose unsafe methods for abortion is due to the stigma of terminating a pregnancy the fear of reduction of privacy as well as the lack of education and knowledge about reproductive health and contraceptive options in kenyan society 17 women who choose clandestine abortions may find services from doctors at private clinics midwives herbalists or terminate their pregnancy on their own 18 a 2014 study reveals various methods kenyan women claim to use to induce abortions independently of a medical clinic or medical provider 19 among some of the most prevalent answers included tea leaves quinine detergent and bleach undiluted fruit juice traditional herbs a metal rod wire or stick inserted into the uterus and overdoses of paracetamol and malaria pills 19 6 post abortion complications and delays in care seeking are also underlying causes for mortality rates in kenya 20 post abortion admissions have seen over 75 of patients with moderate to severe ailments 20 studies have revealed that the largest delays in seeking post abortion care are from adolescents and young adults aged 10 19 and that higher incidents of abortion complications occur within these ages 16 while dangerous abortion practices can result in moderate to severe complications such as localized peritonitis and sepsis maternal deaths have been revealed as a paramount consequence of unsafe abortions 20 article 26 of the 2010 constitution and its allowance of abortions taking into consideration the health of the mother has prompted public sectors to offer a higher degree of access to abortions 19 in this regard many providers have not been trained properly or are equipped to provide safe services due to the lack of specificities in the constitution and safe practices 20 while the constitution allows for abortion under specific circumstances not all abortions are being administered safely and due to other cultural implications such as stigmatization women are still seeking and utilizing life threatening methods of procuring abortions 13 safe abortions provided by trained professionals in hygienic settings correlate with fewer health risks than unsafe abortion practices 21 due to the restrictive laws on abortion in kenya there continues to be limited access to safe options for women 17 as a result many organizations have called for scaling up the number of safe abortion providers 21 family planning and post abortion care edit because the delay in seeking care following safe or unsafe abortion is a cause for higher complications post abortion there have been pushes to establish more access to family planning and post abortion care in kenya 16 post abortion care tends to refer to emergency medical treatment but also incorporates family planning for the patient 13 in combination these services include counseling education about reproductive health and distribution of contraceptives 13 a suggested increase in family planning in kenya may also curb repeat abortions for some women 22 the 2008 2009 kenya demographic and health survey uncovered that 43 of women in kenya who gave birth in the previous five years from when the report was documented communicated the births as unwanted or mistimed this statistic reflects the usage or lack thereof of contraceptives in kenya 23 according to a guttmacher institution report 12 17 of poor and uneducated married women use modern contraceptives in kenya while 48 52 of wealthy and educated married women in kenya use and have access to modern birth control methods 18 an organization that has addressed these shortages and needs relating to reproductive health is marie stopes international since its opening in kenya in 1985 marie stopes has served as the largest reproductive health services and family planning clinic in kenya 13 as reported by marie stopes kenya in 2019 the health center prevented 180 000 unsafe abortions through post abortion care and family planning 24 other organizations and activist groups including the center for reproductive rights and fida use their resources and legal platforms to fight for more accessible and equitable care for women seeking reproductive health services and abortions in kenya 25 26 socio cultural opinions and impacts on abortion edit reasoning for abortion often varies on a case to case basis but for both married and unmarried kenyan women economic objectives are frequently a primary concern 27 for single women common reasons also include their single status unemployment and economic dependence on a family member that may hinder their desire to bear a child 27 stigmatization edit there are many cultural stigmas that are associated with women and terminating a pregnancy in kenya both women seeking abortions and abortion providers are met with socio cultural disgrace and discrimination and abortion remains a taboo topic across the country 28 a combination of traditional cultural expectations and religious beliefs formulate stigmas against abortions 29 many stigmas are based on the belief that a woman s purpose is to bear children and her role in society is to be a mother 29 in regards to young girls and adolescents there are social and cultural expectations that young people should refrain from sexual activity and maintain innocence 28 research has revealed that young unmarried women from lower socioeconomic classes feel a higher burden from these cultural stigmas 29 the same research has also revealed that stigma is a root cause for reluctance and untimeliness of seeking post abortion care 29 statistics edit on the continent of africa as a whole 97 of abortions are unsafely performed 30 unsafe abortion is predicted to account for 35 of maternal deaths in kenya whereas in east africa as a whole unsafe abortions account for 18 31 a survey of 2012 by the kenyan ministry of health african population and health research center and ipsas found that there were 464 000 abortions induced that year which translates to an abortion rate of 48 per 1 000 women aged 15 49 and an abortion ratio of 30 per 100 live births a study analyzing this survey reveals of the reported abortions in 2012 116 000 of them nearly 25 were treated for complications 31 within the women who faced complications from abortions 87 000 of cases were moderate to severe complications and 40 000 of the complications were experienced by women who were 19 years old and younger 31 hospital based data reveals that between 2004 and 2012 the estimated number of induced abortions increased in kenya 32 about half 49 of all pregnancies in kenya were unintended and 41 of unintended pregnancies ended in an abortion 5 marie stopes international estimates that 2 600 women die from unsafe abortions annually an average seven deaths a day 4 nearly 120 000 women are hospitalized each year due to abortion related complications 5 the publication of the 2012 survey in 2018 33 and the death of activist caroline mwatha in february 2019 following an unsafe abortion 34 brought the debate on abortion to the forefront in 2019 see also edit health in kenya women in kenya references edit 1 2 constitution of kenya article 26 4 kenya law 2010 archived from the original on 17 february 2015 retrieved 13 march 2020 1 2 bhalla nita 12 july 2018 kenya s high court to decide on safe abortion as teenager dies reuters retrieved 9 march 2019 1 2 3 high court rules abortion remains illegal in kenya capital news 13 june 2019 retrieved 21 august 2019 1 2 ratcliffe rebecca 21 december 2018 kenya lifts ban on marie stopes abortion services after warning lives are at risk the guardian retrieved 1 march 2019 1 2 3 mohamed sf izugbara c moore am mutua m kimani murage ew ziraba ak bankole a singh sd egesa c august 2015 the estimated incidence of induced abortion in kenya a cross sectional study bmc pregnancy childbirth 15 185 doi 10 1186 s12884 015 0621 1 pmc 4546129 pmid 26294220 1 2 3 in harm s way the impact of kenya s restrictive abortion law pdf center for reproductive rights 2010 1 2 mohamed deeqa diamond smith nadia njunguru jesse 2018 stigma and agency exploring young kenyan women s experiences with abortion stigma and individual agency reproductive health matters 26 52 128 137 doi 10 1080 09688080 2018 1492285 issn 0968 8080 jstor 26605073 pmid 30058955 s2cid 51863361 tripp aili mari 2016 women s movements and constitution making after civil unrest and conflict in africa the cases of kenya and somalia politics gender 12 1 78 106 doi 10 1017 s1743923x16000015 issn 1743 923x s2cid 146937386 richard allen greene 4 august 2010 kenya s churches unite against draft constitution cnn retrieved 9 march 2019 1 2 tripp aili mari 2016 women s movements and constitution making after civil unrest and conflict in africa the cases of kenya and somalia politics gender 12 1 78 106 doi 10 1017 s1743923x16000015 issn 1743 923x s2cid 146937386 1 2 3 4 5 6 7 penal code laws of kenya pdf 2012 2010 1 2 ministry of public health sanitation ministry of medical services 2009 national guidelines on management of sexual violence in kenya pdf 1 2 3 4 5 mohamed deeqa diamond smith nadia njunguru jesse 2018 stigma and agency exploring young kenyan women s experiences with abortion stigma and individual agency reproductive health matters 26 52 128 137 doi 10 1080 09688080 2018 1492285 issn 0968 8080 jstor 26605073 pmid 30058955 s2cid 51863361 brookman amissah eunice moyo josephine banda 2004 abortion law reform in sub saharan africa no turning back reproductive health matters 12 sup24 227 234 doi 10 1016 s0968 8080 04 24026 5 issn 0968 8080 pmid 15938178 s2cid 30640187 1 2 3 4 oronje rose n 2013 the kenyan national response to internationally agreed sexual and reproductive health and rights goals a case study of three policies reproductive health matters 21 42 151 160 doi 10 1016 s0968 8080 13 42749 0 issn 0968 8080 jstor 43288317 pmid 24315071 s2cid 206113153 1 2 3 mutua michael m maina beatrice w achia thomas o izugbara chimaraoke o 2015 factors associated with delays in seeking post abortion care among women in kenya bmc pregnancy and childbirth 15 1 241 doi 10 1186 s12884 015 0660 7 issn 1471 2393 pmc 4597436 pmid 26445973 1 2 jayaweera ruvani t ngui felistah mbithe hall kelli stidham gerdts caitlin 2018 01 25 dangal ganesh ed women s experiences with unplanned pregnancy and abortion in kenya a qualitative study plos one 13 1 e0191412 bibcode 2018ploso 1391412j doi 10 1371 journal pone 0191412 issn 1932 6203 pmc 5784933 pmid 29370220 1 2 hussain rubina 2012 abortion and unintended pregnancy in kenya pdf issues in brief alan guttmacher institute 2 1 4 pmid 22734165 1 2 3 marlow heather m wamugi sylvia yegon erick fetters tamara wanaswa leah msipa ndebele sinikiwe 2014 women s perceptions about abortion in their communities perspectives from western kenya reproductive health matters 22 43 149 158 doi 10 1016 s0968 8080 14 43758 3 issn 0968 8080 jstor 43288343 pmid 24908466 s2cid 14166131 1 2 3...
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