The East African Standard (Nairobi)

Kenya: Abortion War Pits Religion, Medicine

Nairobi — Religion and medicine clashed yesterday before the law in one of the most dramatic tussles ever witnessed in Kenya's medical history.

At the centre of the bitter row was a case in which a well-known gynaecologist-obstetrician, Dr John Nyamu, has been charged with murder while procuring an abortion.

Doctors wearing white overcoats, stethoscopes slung on their shoulders, priests and nuns in religious robes were all determined to place their case before the altar of law.

The clergy, championing a long held belief in the right to life - including that for the unborn -were even more emphatic in its bid to publicly condemn abortion.

The medics too proclaimed they were fighting for the preservation of life as the nation came to grips with the stark reality of a sensitive issue.

Nyamu, equally renowned in entertainment circles as organizer of the Miss World, Kenya Chapter beauty pageants, was brought to the Nairobi Law Courts in handcuffs.

He has been in custody since June when the abortion debate came to the fore after 15 foetuses were found dumped in a river flowing below a bridge on the busy Uhuru Highway in Nairobi.

The case against Nyamu was listed to be heard before High Court judge, Justice Kalpana Rawal, but failed to take off when the prosecution said it was not ready to proceed.

Nyamu and two nurses, Marion Kibathi and Mercy Mathai, are charged with murdering two babies. They have denied the charges.

A bitter exchange erupted when the two rival medical and religious groups bumped into each other along the jammed court corridors at around 9.00am.

The arrival of Nyamu and the two nurses at exactly 9.22am caused a major stampede at the law courts, temporarily halting normal activities. One nurse was clutching an infant she is said to have delivered while in prison.

Other groups and individuals had joined the march from the Holy Family Basilica and were wearing red garments or T-shirts with anti-abortion messages.

The medics, led by the chairman of the Kenya Medical Association, Dr Stephen Ochiel, said they had gone to court to show solidarity with a colleague charged with murder.

"If a woman dies while undergoing an illegal abortion she will not have a chance to have another baby," said Ochiel. He went to state that the choice of whether to abort depends on the woman as he insisted that she should not be denied the right to decide.

Ochiel argued that doctors are not advocating for abortion but are fighting for the woman to be given a chance to decide on issues pertaining to her reproductive health.

This view did not go down with religious leaders who were keenly listening to him and a shouting march soon ensued.

However, a Catholic priest, Father Emmanuel Ngugi of the Holy Family Basilica, managed to cool tempers as he kept on urging: "Silence is gold."

Father Ngugi said whether abortion is done by an expert doctor or in the bush it still remains murder and should not be allowed whatsoever.

Justice Rawal adjourned the hearing to today when the defence will give their opening remarks and assessors will be appointed.


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