Court of Appeal judge Martha Koome has said she will allow rape victims to procure abortions.
She said it is traumatising for a rape victim to carry the pregnancy to full term and get tormented for the rest of her life.
Koome was responding to questions by the Judicial Service Commission during the interview for the post of a Supreme Court judge on Monday.
She said the law is clear on the circumstances under which abortion can be done.
"Some can handle rape and some cannot. That is when abortion can come in, especially when the life of the victim is in danger," Koome said.
The interviews are to fill the vacancy left by former Supreme Court judge Philip Tunoi, who retired in July.
In her interview for the Deputy Chief Justice position early this month, Koome
said
any judicial officer found to have carried out sexual harassment should be charged.
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At that time, Koome said she planned to set up a committee in which the vice can be reported - that is if named DCJ. was nominated to replace Kalpana Rawal.
To Koome, any employee who joins the judiciary should be taken through the Code of Conduct which spells measures against any form of sexual harassment.
Koome said her judgment that former President Daniel Moi should compensate farmer
Malcom Bell over a piece of land in his Kabarak home, was informed by the clause that the former was above the law and could not be sued.
She said as soon as Moi stepped down from presidency, the immunity ended and Bell could
take over the contested land currently occupied by Moi.
"Since Moi broke the promise of supplying Bell with water and electricity. The only provision in law was that the latter should take over the land," Koome said.
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Former Electoral Commission of Kenya officer Pamela Tutui said at times members of the bench influence colleagues on a certain decision.
She said she will not be pressured to allow abortion except on grounds permitted in the constitution.
Tutui said even in adverse psychological effects to a mother, termination of a pregnancy should not be an option.
"There is a lot of debate on the abortion issue and many people argue depending on the side they want to look at it. Even when a mother cannot afford to raise the baby, it cannot be an excuse for abortion," she said.