Sexual violence is a grave violation of human rights with long-lasting physical and psychological consequences. The Kenyan legal and health framework provides specific protections and rights for survivors to ensure they receive care and justice.

The Right to Emergency Medical Treatment

Under the Constitution and the Health Act (2017), every person has the right to emergency medical treatment. In cases of sexual violence:

  • Survivors have the right to immediate medical attention.
  • Trained health professionals (including medical officers, nurses, and clinical officers) are obligated to treat survivors in life-threatening situations.
  • Clinics and hospitals must provide care within their capacity or ensure a timely and effective referral to another facility.

Safe Termination of Pregnancy

While abortion is generally not permitted in Kenya, Article 26(4) of the Constitution allows access to safe abortion when, in the opinion of a trained health professional:

  1. The life or health of the mother is in danger.
  2. There is a need for emergency treatment.

The Health Act defines health as physical, mental, and social well-being. Furthermore, the Ministry of Health's national guidelines explicitly state that survivors of sexual violence have a right to access safe termination of a pregnancy resulting from rape.

Legal Accountability and Unsafe Abortion

It is critical to seek care only from registered and licensed medical professionals in legally recognized health facilities.

  • Unsafe Abortion: Procurement of an abortion by an unqualified person (e.g., a student or in a private residence) is a criminal offense under the Penal Code.
  • Liability: Those who procure or assist in unsafe abortions can be held legally liable and face significant imprisonment.

Freedom of Conscience

A health professional cannot be compelled to perform a procedure contrary to their beliefs but must refer the patient to an alternative medical professional immediately. However, in emergency, life-threatening situations, the obligation to save life remains paramount.

Ombogo and Company Advocates provides specialized legal support for survivors of sexual violence, ensuring their rights are protected and that they have the necessary representation to seek justice.

Contact us at legal@ombogo.co.ke for compassionate legal assistance.

Originally published in the Daily Nation Newspaper.