A Middle-aged man has been arraigned in a Tigania court for allegedly aiding a minor to procure an abortion.
The suspect, Jonah Kipsiror Morori, was accused allegedly of trying to aid abortion for a 17-year-old girl, which is against the constitution of Kenya.
The court heard that on April 15, 2025, together with another person, while in the Kasarani area in Nairobi county, they administered a drug to the minor with the intent to cause a miscarriage.
The state prosecution council, one Mwaniki, appealed to the court to detain the suspect for two days to seek more direction on whether the accused person should be prosecuted in the Tigania Law court or in another court near Kasarani, where the incident took place.
Principal Magistrate E. Ayuka granted the detention plea despite the accused’s lawyer, Joseph Mungai, trying to argue with the prosecution, wanting his client either charged or released on bond.
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The suspect will be detained in the Tigania police post until May 30 when he will be produced in the Tigania court for further instructions.
In Kenya, abetting abortion, or aiding and abetting in procuring an abortion, is illegal under the Penal Code.
Specifically, sections 158-160 of the Penal Code criminalise various offences related to abortion, including procuring abortion, supplying drugs or instruments to procure abortion, and aiding and abetting in these acts.
The Constitution of Kenya allows for abortion in specific circumstances, such as when the life or health of the mother is at risk or if deemed necessary by a trained health professional.
However, the Penal Code provisions criminalise abortion in general without explicitly referencing these constitutional exceptions.
In essence, abetting abortion involves assisting or encouraging someone to procure an abortion, and this is a criminal offence in Kenya.
By John Majau
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