NAIROBI, Kenya – Nairobi Woman Representative Esther Passaris has reignited debate on Kenya’s restrictive abortion laws after the discovery of two lifeless, fully formed foetuses abandoned by a Nairobi roadside.
The grim incident, she said, was a sobering reminder of the human cost of criminalising access to safe abortion.
In a statement posted on X, Passaris said the scene was “deeply traumatic” and likely reflected the desperation of a woman left with no safe or legal alternatives.
“Whether it was a miscarriage or a desperate, unsafe abortion we may never know. But what we do know is that somewhere, a woman may be bleeding, physically and emotionally, in silence and danger. She needs care, not condemnation,” she wrote.
Legal Grey Zones, Deadly Consequences
Abortion remains illegal in Kenya except under limited circumstances, as outlined in Article 26(4) of the Constitution.
It may only be performed if, in the opinion of a trained health professional, the life or health of the mother is in danger, or in cases permitted by other written laws.
But according to Passaris, the law is failing the very women it seeks to protect—especially the poor, victims of sexual violence, or those unable to carry pregnancies due to socio-economic hardship.
She argued that legal ambiguity and social stigma push thousands into back-alley procedures with devastating outcomes.
“Unwanted pregnancies are real. Poverty is real. Fear is real. And when society criminalizes access to safe reproductive health services, tragedy finds its way to our streets, our dumpsites, our consciences,” she said.
Last night, the sight of two lifeless, fully formed little bodies discarded on the roadside broke something in me. Whether it was a miscarriage or a desperate, unsafe abortion we may never know. But what we do know is that somewhere, a woman may be bleeding, physically and
A Widening Crisis
Passaris’ concerns echo those of reproductive health experts and child welfare authorities across the country.
In June, officials in Tharaka Nithi County raised the alarm after six newborns were found dumped within a month—only one survived.
The rest were discovered dead, in what authorities described as a “disturbing pattern.”
At a national level, recent studies estimate over 792,000 induced abortions occurred in Kenya in 2023 alone.
At least 2,600 women die each year from unsafe abortion-related complications, while thousands more are hospitalised.
Passaris urged the government to prioritise post-abortion care, reduce stigma, and reform policies that leave women with no safe choices. She emphasised the need for empathy over punishment.
“The little souls deserved love, not abandonment. And the woman behind this act deserved options, not desperation. Let’s stop turning away,” she said.
Despite the backlash, Passaris insists that the conversation must shift from judgment to justice.
“This is not about politics or religion. It’s about compassion, dignity, and saving lives,” she said.
