My boyfriend has dumped me and I'm now considering abortion; advise

Dear Vivian,

I was in a relationship for one year. My boyfriend promised to visit my parents and pay [reverse] dowry. I later discovered he has another family, and when I confronted him, he expressed his unwillingness to continue with the relationship. I am currently two months pregnant and considering an abortion due to financial difficulties. My friends have warned me not to proceed without understanding the legality of abortion in Kenya. Please, advise me.

Anonymous

Dear Reader,

Abortion is a sensitive and contentious issue with religious, cultural, moral and political dimensions. It is also a public health concern in Kenya – and globally.

Therefore, I want to emphasise that your socioeconomic situation is, undoubtedly, challenging. In fact, research cites lack of resources as one of the factors that women seek to procure abortion.

Further, it’s important to know that reproductive rights and decisions about abortion are sensitive topics that carry both legal and ethical considerations.

In Kenya, there is no abortion on demand. It is only acceptable through an opinion by a health professional. The legal framework surrounding abortion is provided by the Constitution and the Penal Code.

According to the Constitution, abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life, or health, of the mother is in danger, or if permitted by any other written law.

Further, the Penal Code introduces the consequences of procuring abortion by the woman or by any other person whom the woman allows. On this, the Penal Code states that the woman shall be guilty of a felony and liable to seven-year imprisonment.

In the context of the Constitution, "risk" can be physical, mental, or emotional. This means that unless the pregnancy poses a threat to your life, procuring an abortion could potentially be seen as a violation of the law.

It's important to note that the mentioned legal framework does not allow for abortion based solely on socioeconomic reasons or relationship issues. The primary consideration is the health and life of the pregnant woman.

However, it's essential to be aware of the broader context. Given your situation, I recommend seeking support from professionals who can provide comprehensive guidance.

This might include reproductive health experts and counsellors who specialise in sexual and reproductive rights. These experts can help you analyse your options and walk with you in the emotional turmoil you are going through.

It's also worth considering reaching out to organisations that focus on women's health and rights. They might provide assistance, information and resources to help you make an informed decision about your reproductive health.

Vivian

The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected])