Not ‘abortion bill’ but fight for women's health, rights

In 2019, more than 20 women slept on the cold floors of Kenyatta National Hospital for months for their inability to pay their bills. Such systemic cruelty is high on the list of issues the Reproductive Healthcare Bill seeks to resolve. 

This is the second time in six years that Kenyan women have had to defend their reproductive rights from a male-dominated Parliament.

In 2014, a similar law was shot down. In the past decade, Parliament has not made any notable progress on protecting women’s rights – yet it speedily passes laws aimed at increasing MPs’ salaries and benefits.

The bill will not encourage promiscuity among the youth, who comprise 24.5 per cent of the population.

The “Kenya Demographic and Health Survey 2014” shows that 11 per cent of teenagers will engage in sexual activity before their 15th birthday.  Many of these are victims of rape but the majority have unsafe sex with their peers due to ignorance. 

An Africa Population and Health Research Centre study found that a quarter of secondary school students in Homa Bay, Mombasa and Nairobi counties consider using a condom as a sign of mistrust.

The bill gives teenagers the right to correct information, guidance and counselling on reproductive health. 

This bill seeks to expand the protection of women’s rights. Section 25 prohibits forced sterilisation – which Kenyan women living with HIV have, reportedly, been subjected to in a wrong-headed fight against the virus.

In a society where childlessness is often characterised as a moral failure of the woman, this makes them targets for stigmatisation.

The draft law provides a structure for assisted reproduction or the use of medical techniques to conceive and bear a child. The Kenya Fertility Society reports that 4.2 million Kenyans, or one in five couples, require intervention to conceive.

Termination of pregnancy

Kenya does not have a law to regulate this area of medicine, yet it has been available in the country since 2004 , though only available at private healthcare facilities.

The right to affordable, accessible and quality assisted reproduction proposed in the bill gives hope to many women seeking to bear their own children. 

The bill does discuss abortion, yes, but it does not create demand for it. The Catholic Church, whose faithful comprise an estimated 40 per cent of the population, opposes both contraceptive use and abortion and has been a vocal critic of the bill.

However, the abortion clause only allows for termination of pregnancy in emergencies – where the pregnancy would endanger the life or health of the mother or the foetus could suffer severe physical or mental abnormality.

Significantly, it allows health professionals who have conscientious objections to refer non-emergency cases to a different provider.

If it becomes law, the bill will provide an opportunity to reduce the depressing statistics on teenage pregnancy and maternal morbidity and mortality.