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Abused pregnant woman wins landmark case in Kenya

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A pregnant woman who was unlawfully physically and verbally abused by hospital staff and deliberately left to deliver on the floor in Kenya, on Thursday won a landmark case at the Bungoma High Court – made possible with the support of the Centre for Reproductive Rights (CPR).

High Court Judge Justice Abida Ali Aroni found that Bungoma County Hospital, the Bungoma County government and the Cabinet Secretary of Health had violated Josephine Majani’s human rights under both Kenya’s Constitution and international law when she gave birth at the hospital in 2013.

She stated that the petitioner’s rights to health and dignity had been infringed upon by way of the physical and verbal abuses she suffered, in a manner that was inexcusable.

“This is a landmark case for Kenyan women. It sends a very clear message to Kenyan health providers, and to the county and national government authorities responsible for them, that neglect of Kenyan women in health care settings will no longer be tolerated—nor will it be without consequences for those responsible,” said CPR.

Justice Ali Aroni added that the national and county government of Bungoma failed to ensure that healthcare facilities provide quality maternal healthcare services by neglecting to allocate the necessary resources and put in place minimum standards for provision of these services.

Approximately 8 000 Kenyan women die from pregnancy-related complications each year.

Poor maternal health services are common in Kenya because of inadequate training and supervision of health care workers, negligence, and unethical practices, said CPR.

Bungoma District Hospital is just one of many hospitals in Kenya that are ill-equipped to provide women with free maternal services and, as a result, deny them quality health care, and sometimes subject them to severe abuse.

“Josephine’s experience is not a lapse in judgement or temporary failure to provide an appropriate standard of care,” said Evelyne Opondo, Senior Regional Director for Africa at CPR.

“It is a systemic culture of institutionalised negligence towards women’s health, dignity and human rights, which seems to permeate the country’s health services at all levels,” added Opondo.

“It is the duty of the government to ensure that all Kenyan women have access to quality reproductive health services guaranteed by Kenya’s own constitution.”

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