Woman sues Marie Stopes, claims rights violated during abortion
Nairobi
By
Kamau Muthoni
| Nov 13, 2025
A woman has taken legal action against Marie Stopes Hospital, claiming she was subjected to a traumatic surgical procedure against her will after a failed medical abortion. The case, filed before the High Court, centres on her right to choose the method of abortion and to be treated by female medical staff, as she had requested.
In June, Jane, whose name has been changed for ethical reasons, discovered, much to her shock, that she had been carrying a baby for 18 weeks despite using contraception.
In her court papers, she stated that after a home pregnancy test, she was initially thrilled at the news, but stunned that she had experienced no symptoms.
The revelation that she was to become a parent prompted visits to several hospitals, which she said either could not provide her and her fiancé with an immediate answer or did not have female staff, whom she preferred to attend to her.
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She explained that, unfortunately, the results indicated that not only was she pregnant, but the unborn child had complications that posed risks to both. Jane said that they opted to terminate the pregnancy, ultimately going to Marie Stopes Hospital.
The services at the hospital have since sparked a landmark dispute, centred on the patient’s choice of medical procedure and who should administer it.
She said that on July 2, 2025, she booked an appointment at the hospital and explained the purpose of her visit. She added that she explicitly expressed her fears and the need to be attended to by female practitioners., to which she says, Marie Stopes staff assured her that her wishes would be respected.
At the same time, Jane claimed that the medical consultant advised her to undergo a medical abortion rather than a surgical one, describing it as safe and without complications.
“The plaintiff opted for medical abortion, verily believing that the consultant’s word as a medical practitioner whose opinion is relevant and should be relied upon by his patients and specifically the plaintiff herein,” her court papers read in part.
She stated that on July 5, nurses administered five doses of two pills every three hours to induce the abortion.
However, Jane claimed that these did not work. Two days later, the same medication was allegedly inserted vaginally, causing cramps after the second dose.
Jane added that by July 8, the pain had become unbearable. She said the hospital staff dismissed her as exaggerating and even sent her fiancé out of the room.
“Sending away of the plaintiff’s fiancé was a decoy to exert pressure on the plaintiff to yield to a surgical abortion to which the hospital’s own medical consultant had advised against,” her court papers read.
She stated that doctors eventually said they were too tired to wait and coerced her into signing documents without explanation before a surgical abortion without anaesthesia. was forcefully performed.
She said the surgical process caused untold pain and suffering, claiming she could feel the doctor’s hands and instruments inside her.
“The plaintiff felt so violated, helpless and was taken through a horrendous and traumatic experience which left her empty as she was deprived of her dignity, left weak, broken and could neither eat, speak nor leave the house. She was left abandoned, rejected and dejected,” she claimed.
Jane also alleged that male staff were present despite assurances she would only be attended by female practitioners, saying the hospital violated her explicit instructions and wishes.