A teenager whose botched abortion was at the centre of a high court case in Kenya has died.

The girl, who was raped aged 14 and then left with horrific injuries after a backstreet termination, had been the subject of a controversy over whether the Kenyan government was to blame for her death.

The girl’s mother and a group of campaigners had filed a case against the government, claiming it had failed to offer the girl – known as JMM – adequate post-abortion care and are calling for the government to reinstate guidelines on safe abortions.

JMM’s mother, as well as the Federation of Women Lawyers-Kenya and two human rights advocates, filed the case in the Kenyan high court in 2015.



Campaigners say that if successful it could save the lives of thousands of women a year. The hearings are expected to conclude this week.

“My daughter’s horrific suffering and tragic death was entirely preventable. I watched her go through more pain than you can imagine, she did not have to die like this. She had no choice and now I have lost a daughter,” JMM’s mother said in a statement.

Access to abortion was widened under Kenya’s 2010 constitution, which allowed for the procedure in cases where the health or life of a pregnant woman is at risk, and in cases of emergency. But the government has since backtracked, withdrawing standards and guidelines designed to make legal abortions safer, and banning health workers from undergoing training on abortion.

The crackdown has had a chilling effect on abortion services, said Evelyne Opondo, ‎regional director for Africa at the Center for Reproductive Rights, which is representing the petitioners.

“Immediately after, we saw an increase of police harassment. Police would go into health facilities and arrest people … and take out equipment. We also saw providers who ordinarily provide these services refusing to provide these services, saying it’s not worth the risk,” said Opondo.

The court case seeks to challenge the ministry of health’s actions as a violation of the constitution and international law, and will seek compensation for JMM’s family.

The petitioners are calling for abortion training for healthcare workers and the reinstatement of national standards and guidelines. This would ensure the abortions allowed under the constitution would be provided safely, said Opondo. It would also enable health workers to provide post-abortion care to women whose lives are at risk because of botched procedures.

JMM, who died last month, was transferred between four separate facilities because medical staff did not have the knowledge or equipment to treat her. She had suffered kidney failure and had been bedridden for several months before her death. “If these people were trained or had the capacity to know how to attend to people who require post-abortion care we would not have had this delay; she would have been given antibiotics, she would have been attended to in a way that her health would not have to deteriorate that fast,” said Opondo.

Women seeking post-abortion services face stigma and discrimination in health facilities, with those who are poor or young receiving the worst care. In 2012, nearly 120,000 women were admitted to public health facilities for abortion-related complications.

JMM’s mother said: “I know if our country had any respect for her life and her rights, she would still be here today. But how many more girls and women are going to suffer before something is done, before they receive justice? Kenya has to make abortion safe and accessible.”

The court decision is expected before the end of the year.

