• Login
    View Item 
    •   SU+ Home
    • Research and Publications
    • Strathmore Law School (SLS)
    • SLS Projects, Theses and Dissertations
    • LLB Research Projects (2018)
    • View Item
    •   SU+ Home
    • Research and Publications
    • Strathmore Law School (SLS)
    • SLS Projects, Theses and Dissertations
    • LLB Research Projects (2018)
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Rethinking abortion in Kenya: a reproductive health right for victims of rape and sexual abuse

    Thumbnail
    View/Open
    Undergraduate project (8.415Mb)
    Date
    2018
    Author
    Kiragu, Gilbert Macharia
    Metadata
    Show full item record
    Abstract
    In Kenya today, abortion is and has always been considered as an emotive and sensitive matter. The public is tom between being pro-choice and prolife. The pro-life advocating for the unborn children while the pro-choice advocating for the woman's reproductive right to procure an abortion. Kenya's law on abortion as put out in the Constitution under article 261 criminalizes abortion while subsection ( 4 ii of article 26 gives the extent to which an abortion can be procured. The extent to which abortion is allowed is in cases of emergency where the life or health of the mother is in danger and if it is permitted by any other written law. Further, article 26 (2)3 of the constitution of Kenya states that life begins at conception which is debatable and not factual for it is purely based on opinion, one's school of thought and religious affiliations.4 When life really begins is a question that even medical experts have failed to agree on. Precedence set over the past years also fails to really determine when life actually begins. Case law that actually agrees that life does really begin at conception does agree that an unborn child is no person thus rights cannot apply to them for civil rights in a civil society only apply to persons. 5 The Kenyan Penal Code under section 1586, 1597 and 1608 completely outlaw abortion without regard to the exceptions as provided under article 26 ( 4) of the constitution. This creates an inconsistency with the abortion laws in Kenya as a country.
    URI
    http://hdl.handle.net/11071/6218
    Collections
    • LLB Research Projects (2018) [94]

    DSpace software copyright © 2002-2016  DuraSpace
    Contact Us | Send Feedback
    Theme by 
    Atmire NV
     

     

    Browse

    All of SU+Communities & CollectionsBy Issue DateAuthorsTitlesSubjectsThis CollectionBy Issue DateAuthorsTitlesSubjects

    My Account

    Login

    DSpace software copyright © 2002-2016  DuraSpace
    Contact Us | Send Feedback
    Theme by 
    Atmire NV