Scroll to top

Judgment Petition No. 266 of 2015

JMM died in June 2018. Born on 5th February 2000, she was just 18 years of age. In January 2014, she had been admitted to form one at [Particulars Withheld] Secondary School, a day school situated within Keumbu Ward in Nyaribari Chache Constituency. She was staying with her elder married sister. At some point in 2014, JMM was forced into sexual intercourse by an older man. She only realized that she was pregnant when she missed her menstrual cycle for two months and started feeling nauseous. She, however, did not disclose this to anyone for fear of being blamed and rejected by the family members.

On 8th December 2014 an older girl with whom JMM shared a bedroom introduced her to a person whom they referred to as doctor.‘ The ―doctor advised her that she could terminate the pregnancy. On a Saturday at 6.00 a.m. her roommate took her to a pharmacy situated at Ibeno Trading Centre where the roommate paid Kshs 1,500.00 towards the said procedure. Without examining JMM or carrying out any tests, the ‗doctor‘ directed her to a back room where she was asked to lie on a bed. She was injected on her thigh and advised to go home and wait for the foetus to be expelled the next day. When the foetus was not expelled, JMM returned to the pharmacy and the doctor‘ proceeded to insert a metal-like cold object in her vagina and once again the doctor‘ told JMM to go home as the foetus would be expelled by that evening. That evening, JMM started vomiting and experiencing severe stomach pains accompanied by heavy bleeding. She did not, however, disclose all this to her family, telling them only that she had a headache.

This information was narrated to the court by PKM, the 2nd petitioner, mother and next friend of JMM. PKM had received a call on 10th December 2014 from her elder daughter‘s mother in law, with whom JMM was staying, informing her that JMM was feeling unwell, and was vomiting and bleeding heavily. She requested the said mother in law to take JMM to Ibeno dispensary where, upon being interrogated by the medical staff at the facility, JMM revealed that she had procured an abortion.

The dispensary, however, did not have the equipment, facility and skilled staff to assist JMM, so it availed its ambulance to transfer JMM to Kisii Teaching and Referral Hospital, a Level Hospital, approximately 15.6 km away. It was here that PKM found JMM in the afternoon of 10th December 2014 where the medical staff confirmed to her that JMM had procured an unsafe abortion. At the Hospital, JMM was taken to a general ward where the foetus was removed. JMM stayed at the Hospital till 12th December 2014 when she was discharged. PKM was unable to tell the exact nature of treatment that JMM received at the hospital, apart from being placed on intravenous therapy.