Judge allows abortion group to advertise again in Kenya after seven-year ban

MSI Reproductive Choices (formerly known as Marie Stopes International) is again allowed to advertise abortion in Kenya for the first time since it was banned from doing so in the country in 2018.

Key Takeaways:

• In 2018, MSI Reproductive Choices was ordered to stop committing and advertising for abortions in Kenya after complaints were made about the organization's abortion advertisements.

• Kenya is a largely pro-life country, and has been under international pressure to liberalize its abortion laws.

• The High Court has since ruled that the actions taken against MSI Reproductive Choices were unconstitutional, despite arguments from multiple government agencies.

The Details:

The Standard reported that the High Court has overruled the advertising ban on MSI Reproductive Choices, with Justice Chacha Mwita saying the previous ban was unconstitutional. The decision to put the ban in place had been made by the Kenya Films & Classification Board (KFCB), the Kenya Medical Practitioners and Dentists Council (KMPDC), and the Director of Medical Services (DMS), who all asked for the ban to be upheld.

A petition was filed in 2018 by the Network for Adolescents and Youth of Africa (NAYA–Kenya) and Jackline Mary Karanja, who represented the Center for Reproductive Rights.

Though MSI Reproductive Choices was banned from offering abortion-related procedures and advertisements, the organization was still allowed to distribute birth control within Kenya. Yet MSI Reproductive Choices has made it clear that its main goal is to promote abortion.

Ultimately, Mwita said the previous decisions made by the three groups were “ultra vires, unlawful, illegal, and unconstitutional."

The Backstory:

Thousands of Kenyans signed a petition demanding the group to have MSI Reproductive Choices' license permanently revoked.

The claim was that the abortion group violated Article 26 of Kenya’s Constitution (which explicitly protects the right to life) and the MPDB advertising rule of 2016, which does not allow advertisements to endanger life or promote something which could take life — including abortion.

“Today Marie Stopes clinics are advertising abortions just like you would advertise candy in a nation where abortion is not only illegal but has a strong pro-life culture,” a letter from the Medical Practitioners and Dentists’ Board (MPDB) said at the time, pointing out that MSI Reproductive Choices continued airing ads promoting abortion, despite Kenyan laws banning it.

MSI Reproductive Choices marketing director Christopher Wainaina admitted to Reuters that the ads discussed “the legal status of abortion in Kenya, the stigma of abortion that exists and how it is leading to high numbers of women becoming victims of botched backstreet abortions and dying as a result.”

Zoom In:

The abortion group has also come under fire for giving young girls long-term birth control without their parents' knowledge or consent. MSI representatives visited Catholic schools and gave the girls the birth control without informing parents or school administrators beforehand.

Abortion facilities run by MSI Reproductive Choices were also shut down in Niger over allegations of illegal abortions, violating the agreement the group had with the Nigerian government. “We have decided to close this charity on grounds of a 2006 law which bans abortions,” Health Minister Idi Illiassou said. “Our inquiries have shown that this non-governmental organisation is enabling the voluntary interruption of pregnancy."

And though many pro-abortion groups have put pressure on Kenya to liberalize abortion laws, the country remains staunchly pro-life. Abortion is legal there in three cases:

When the mother’s life is at risk

When the mother’s health is in danger

In cases requiring emergency treatment

The Bottom Line:

Kenyans do not want an abortion group promoting the culture of death in their country, and one activist judge has just seen fit to override their wishes on behalf of an organization (named after a well-known British eugenicist and birth control advocate) which has openly broken the law.