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Legality Of Abortion In Kenya Essay

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Introduction
This paper will explore the legality of abortion as a result of defilement in Kenya. The following are the areas I will cover:
I. What abortion is,
II. The legality of abortion as per the constitution of Kenya
III. International instruments on Abortion
IV. The church perception on the issue of abortion.
V. Problems with Article 26(4) of the constitution of Kenya
VI. Defilement
VII. Abortion as a result of defilement and the legality
VIII. What the constitution of Kenya states when abortion is allowed.
IX. The countries that allow abortion for minors who have been defiled case study Botswana and Ghana.
X. Recommendations that should be made in the legal framework
XI. Conclusion
Abortion
The term abortion has no statutory definition. However, legal dictionaries have defined the term. Abortion is defined as the artificial induced termination of a pregnancy for the purpose of destroying an embryo or fetus.
The legality of abortion has been provided for in the Constitution of Kenya 2010. Article 26(4) of the Constitution of Kenya 2010, “Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger or if permitted by any other written law”. Further, for safe abortion to take place the following articles must be put into consideration Article 43(1) (a) of the Constitution of Kenya provides that, “Every person has the right to the highest attainable

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