Nairobi Woman Rep Esther Passaris/InstagramAbortion remains a criminal offence in Kenya, except under specific circumstances outlined in Article 26(4) of the constitution.
The law states that abortion is not permitted unless, in the opinion of a trained health professional, there is a need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.
Given this provision, the reality for many women facing unwanted pregnancies is far more complex and perilous.
Nairobi Woman Representative Esther Passaris has brought renewed attention to the human cost of Kenya’s restrictive abortion laws.
Her reaction was prompted by the harrowing discovery of two lifeless, fully formed foetuses discarded on a Nairobi roadside—a scene she described as deeply traumatic and indicative of a much wider problem.
“Whether it was a miscarriage or a desperate, unsafe abortion we may never know. But what we do know is that somewhere, a woman may be bleeding, physically and emotionally, in silence and danger. She needs care, not condemnation,” Passaris said on X.
She argues that the current legal framework leaves women who become pregnant unwillingly at the mercy of unsafe, clandestine abortions out of desperation.
While the constitution allows for abortion in cases where the mother’s health is at risk, the law does not explicitly provide for women who are victims of sexual violence or those unable to carry a pregnancy due to poverty or social circumstances.
This legal ambiguity, she opines, forces many women, especially those from poorer backgrounds, to seek unsafe procedures that often result in severe complications or death.
"We must reckon with the truth: Unwanted pregnancies are real. Poverty is real. Fear is real. And when society criminalises access to safe reproductive health services, tragedy finds its way to our streets, our dumpsites, our consciences," she said.
Passaris called on policymakers to prioritise dignity and provision of improved post-abortion care, emphasising the urgent need to reduce stigma and provide compassionate support for women who procure abortions.
She underscored that these women often face abandonment and desperation when they should be met with understanding and care.
"The little souls deserved love, not abandonment. And the woman behind this act deserved options, not desperation. Let’s stop turning away. We must build systems that offer dignity, choices, and care before it’s too late."
The incident that moved Passaris is not an isolated case.
Reports of abandoned foetuses and women arrested after suspected illegal abortions have surfaced in different parts of the country, underscoring the prevalence of the crisis.
On June 21, authorities in charge of child welfare in Tharaka Nithi county raised the alarm over a wave of child abandonment, with some of the victims found already deceased.
Tharaka Nithi Chief Officer in charge of Children, Gender and Community Welfare, Kelly Karimi, said six children had been found dumped in a span of one month, with only one found alive.
"The rest were already dead. We want investigators to tell us if the perpetrators are from within or elsewhere,” she told reporters.
Recent studies estimate that over 792,000 induced abortions occurred in Kenya in 2023 alone, with a significant proportion resulting in complications that require medical attention.
Unsafe abortion remains a leading cause of preventable maternal deaths, with at least 2,600 women dying each year and thousands more hospitalised due to related complications.
Passaris contends that criminalising access to safe reproductive health services only perpetuates tragedy, particularly for the most vulnerable.
Her stance sparked debate, with supporters arguing that safe and legal abortion would save lives and protect women’s health.
"I agree, safe abortion should be legal. Women should not have children they don't want," one said.
"It's a mirror held up to a society that’s failing its women. When desperation replaces access, and shame replaces support, we don’t just lose lives—we lose our humanity," added another.
However, opponents disagreed with the push, citing moral and religious objections.
"You are correct. Every mother should have a legal choice to kill her own child," one Kenyan said, albeit sarcastically.
Nonetheless, the stories of women forced into silence and danger by restrictive laws continue to emerge, highlighting the urgent need for compassionate and pragmatic solutions.
The sight that broke Passaris—two small bodies left behind—serves as a stark reminder of the human toll of unsafe abortion.
For many Kenyan women, the choice is not between life and death, but between danger and desperation.
Passaris’ call is clear: women need care, not condemnation, and the nation must reckon with the realities that drive such tragedies.
