Separate Justice Ndung'u abortion opinion from case

Recently, the media ran a story about Supreme Court judge Njoki Ndung'u allegedly calling on fellow judges to back access to safe abortion in Kenya.

The statement was allegedly made during the annual judges' colloquium that was held in Mombasa last week.

As a follow up, an article was published in The Standard of July 7, 2017, in which a civil society group - the African Organisation for Families - in a petition to the Chief Justice, accused Justice Ndung'u of taking sides in the debate over abortion even though there is an abortion case currently pending in court.

As the media continues to report on this matter, it is important to clarify that the case referred to in the article that is currently pending in the High Court is challenging the arbitrary withdrawal of the standards and guidelines for reducing morbidity and mortality from unsafe abortion in Kenya and the attendant consequences of that withdrawal.

The issues raised in that case are completely different from those allegedly raised by the judge.

The standards and guidelines published by the Ministry of Health in 2012 sought to implement Section 26(4) of the Constitution, which permits abortion in case the life or health of the mother is in danger or in cases of emergency.

These standards and guidelines were arbitrarily withdrawn on December 3, 2013. The case in court seeks reinstatement of the standards and guidelines to enable clarity as to when and how legal abortions can be accessed.

Evelyne Opondo, Regional Director for Africa with the Centre for Reproductive Rights