Commentary on Reproductive Justice in Kenya and the State’s Human Rights Obligations


  • Smith Otieno


Reproductive rights constitute a category of rights protected by the Kenyan Constitution under the Bill of Rights. Reality however paints a grim picture as injustices to women seeking reproductive services have been legitimated. Women who cannot easily access contraceptives have been forced to seek the services of backstreet abortionists who pose grave dangers to their lives and have in many cases led to deaths of women. This coupled with the fact that abortion is illegal in Kenya gives women limited choices in controlling their bodies and amount to injustice. This paper argues for the adoption of a constitutional construal that guarantees the realization of full scope of reproductive rights by women including the right to seek safe abortion. The author argues that continued prohibition of abortion is counterproductive as the number of unsafe abortions will continue to rise.

Author Biography

Smith Otieno

LL.B (UoN), LL.M Cand (LUC)