Nairobi, 28 June, 2022 / 9:59 PM
Members of the Kenya Christian Professionals Forum (KCPF) have said that the pro-life ruling in the United States (U.S.) when the country’s Supreme Court overturned Roe v. Wade (1973), is set to improve efforts towards the protection of human life.
The June 24 overturning Roe v. Wade brought “a sudden and dramatic end to nearly a half-century of nationwide legalized abortion in the U.S.”, CNA reported.
In a Tuesday, June 28 statement, KCPF members applaud the U.S. Supreme Court for the June 24 decision that they say overturned the “pro-abortion decisions in Roe v. Wade (1973) and Planned Parenthood v. Casey (1992).”
“The decision to reverse Roe v. Wade is a major boost towards the protection of the life of the unborn child,” they say in the statement signed by KCPF Chairman, Charles Kanjama.
The Christian Professionals in Kenya add that the pro-life ruling “will hopefully pave the way for greater respect for life at all stages of development, from the moment of conception until natural death.”
In their June 24 ruling, the Supreme Court judges said the right to abortion was not "deeply rooted” in the U.S tradition. They said abortion in the country was not considered a right when the Due Process Clause was ratified in 1868, and was unknown in U.S. law until Roe v. Wade.
"Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority," the U.S. Supreme Court judges stated in their opinion.
They continued, "We now overrule these decisions and return that authority to the people and their elected representatives."
In the June 28 statement obtained by ACI Africa, the Christian Professionals in Kenya say the overturning of the 1973 decision has enabled them to file appeals to reverse decisions that were made based on Roe v. Wade precedence.
They say they have filed an appeal to reverse the decision of the Malindi High Court in the case of PAK and Salim Mohamed v. Attorney General (AG) and 3 others.
In March this year, in the case of PAK and Salim Mohamed v AG and 3others, the High Court in Malindi in Kenya ruled that abortion is a fundamental right under the 2010 Constitution of Kenya.
The High Court also ruled that arrests and prosecution of those seeking and procuring abortion services are illegal.
The Christian Professionals say the High Court in Malindi relied on the Roe v Wade decision “which the U.S supreme court has now reversed”.
“KCPF has since filed an appeal to reverse the Malindi court’s decision,” Christian professionals in Kenya say.
They say that they have also filed “an appeal pending at the Court of Appeal against the High Court judgment in the FIDA (Federation of Women Lawyers) case that we believe misinterpreted the Constitution to obstruct guidelines from the Ministry of Health restricting use of pro-abortion guidelines as well as the abortion pill responsible for numerous chemical abortions in Kenya today.”
In the petition of 2015, the High Court in Nairobi ruled that victims of sexual violence have a constitutional right to abortion.
In June 28 statement, KCPF members express hope “that Kenyan courts will show courage and reaffirm the right to life from the moment of conception as stated in Article 26(1,2) of the Kenyan Constitution.”
“KCPF is confident that, alongside the Church and the people of goodwill in Kenya, we will not grow weary, we will not rest until we restore a culture of life in Kenya for ourselves and our posterity,” they say in their June 28 statement.
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