A Middle aged man has been arraigned in a Tigania court for allegedly aiding a minor to procure abortion.

The suspect, Jonah Kipsiror Morori was accused allegedly of trying to aid abortion to a 17 year old girl which is against the constitution of Kenya.

The court heard that on the 15th day of April, 2025 together with another person while at Kasarani area in Nairobi county they administered a drug to the minor with intent to cause a miscarriage.

The state prosecution council Ms Mwaniki appealed to the court for the suspect to be detained for two days in order to seek more direction whether the accused person is to be prosecuted in Tigania law court or in another court near Kasarani where the incidence took place.

Principal Magistrate E . Ayuka granted the detention plea despite the accused lawyer Joseph Mungai trying to argue with the prosecution wanting his client either to be charged or be released with a bond.

The suspect will be detained in Tigania police post until 30th this month when he will be produced in Tigania court for more directions.

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 criminalize various offenses 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 criminalize abortion in general, without explicitly referencing these constitutional exceptions. 

In essence, abetting abortion involves assisting or encouraging someone in procuring an abortion, and this is a criminal offense in Kenya. 

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