Women dey do secret abortions for Kenya hospitals as law ontop di mata no clear

Law over abortions for Kenya wey no clear dey push thousands of women to turn to backstreet clinics. BBC Africa Eye chook eye for how abortion dey come with stigma and misinformation.

Edith lie down for bed wey dem cover wit old newspaper for backstreet clinic for Nairobi.

Dem hang her legs high wit stirrups while one man wey wear white medical coat explain say e dey about to put some medicine inside her uterus. One red bucket of bleach wey contain medical instruments siddon for floor.

Di mama-of-three, wey we don change her name to protect her identity, dey four months pregnant and dey about to do abortion.

"I need to terminate am sake of I need to go back to work, and I get anoda small baby," she later tell BBC Africa Eye.

Abortion na complicated issue for Kenya.

Di penal code, wey get im origins for di colonial era, outlaw abortion, criminalise di woman, di pesin wey carry out di abortion and di pesin wey supply di material wey dey needed.

However, di 2010 constitution, combined with a wider body of law, dey allow abortion wen "di life or health of di mama dey for danger" or wen di pregnancy na from rape or incest.

Edith bin discover say she dey HIV-positive few years ago. Her partner, afta e no gree to go test imself, later leave her.

One lawyer bin tell BBC say to get pikin while you dey live wit HIV mean "her physical wellbeing fit dey for danger". Dis, as well as oda factors, mean say Edith fit qualify for legal abortion.

But she feel say di backstreet clinic na her only choice.

Few doctors wey dey provide legal abortions wan tok about di issue openly.

High-profile arrests ova di years don make di situation "dangerous for health workers", according to Prof Joachim Osur, one reproductive and sexual health expert for Amref International University for Nairobi. Na about how di law dey understood.

"Depending on how di judge interpret di legality of di procedure wey pesin do, e fit go either way," e tok.

For 2004, Dr John Nyamu, along wit two nurses, bin chop arrest for di murder of two foetuses, crime wey carry death penalty.

Dem hold am for di Kamiti Maximum Security Prison for Nairobi for 12 months before dem find am not guilty.

Di media sensation for Kenya around im case later lead to di formation of di Reproductive Health and Rights Alliance. Na dis group wey lead di debate to help draft di 2010 constitution, wey for di first time for di kontri history bin provide legal - even though limited - avenue for abortion.

However, Dr Nyamu, wey now dey provide safe and legal abortions, believe say di unclear law about abortion make am hard for women to access dis services, even wen dem suppose dey allowed and particularly for public health facilities.

"Unsafe abortion dey too much for Kenya," e say as e argue say poor women dey suffer di most as safe terminations no dey available for public hospitals sake of di uncertainty and lack of guidelines. Di unsafe abortions wey dem seek fit lead to health problems.

"Di ones wey come wit di post-abortion complications, most of dem be young pipo…. Di women actually start [di procedure] demselves, or dey do am wit assistance of pesin wey no get training," Dr Nyamu add.

According to di global human rights organisation, Center for Reproductive Rights, around seven women and girls dey die everi day for Kenya sake of unsafe abortions. Thousands more dey hospitalised.

For one clinic wey no dey regulated for di outskirts of Nairobi, di man wey dey in charge dey do abortions for women for 2,500 Kenyan shillings ($16; £13).

"We get girls wey still dey go school. You get odas wey dem rape.

"You get pesin wey neva ready, and dem wan terminate am. We dey help sake of say dem come for help. Dem need dat help from us," e tok, afta we agree to protect im identity.

E dey charge extra to safely dispose di foetus. If di woman no fit afford am, e dey pay pesin to throway am inside river.

Anti-abortion campaigners and associated religious organisations for Kenya, many of wey di anti-abortion lobby for di United States dey support, insist say di law dey clear: abortion dey illegal.

Charles Kanjama, chairperson of di Kenya Christian Professionals Forum, dey regularly speak out against abortion and dey organise rallies for Nairobi.

"For us, we no tink any opposite. We tink say [di penal code and di constitution] dey aligned. I no support amendment of our laws to remove di crime of abortion," e tok.

For 2012, di goment bin publish guidelines for health workers on legal abortions. One year later, dey withdrawn am, and training on safe abortion care bin also dey suspended.

Dat one remain di case and Oga Kanjama group want am to stay dat way.

"Our position be say weda abortion dey safe or unsafe, first of all, di pikin dey always die. So, e always no safe for di pikin. And number two, you no fit train pipo to do sometin wey dey illegal for di kontri."

E get plenti leading voices for Kenya wey disagree.

MP Esther Passaris no only dey speak out in favour of abortion but dey push for improved sexual health and family planning education too.

"Our constitution allow abortion only wen di wellbeing of di mama dey in question, and di wellbeing no just be physical and biological, na emotional and economical.

"I tink say time don reach for us to understand di emotional burden of make pesin no get access to family planning, of not empowering di woman so dat she go sabi say she no suppose just become one baby-producing machine."

Ms Passaris tok say while di 2010 constitution legalise abortion for certain circumstances, she argue say di fear around am dey restrics women access to health services, particularly for those wey come from poorer communities.

"Di rich get opportunity to take dia pikin dem to five-star hospitals and get safe abortion, silently without anyone knowing or talking. But di poor need to struggle," she tok.

For March 2022, Kenya High Court confam say abortion na fundamental right under di terms of constitution and rule say arbitrary arrests dey illegal, but e don do little to reduce di fears of some women, like Edith.

Back for di clinic wia she dey try get termination, di man, wey say e bin train as doctor and perform around 150 abortions inside one month, don finish to put di medicine inside her to induce abortion.

"We get, like four to five hours before di medicine begin take action. But later, wen hell break loose, she go experience di same tin pipo experience wen dem dey give birth," e tok.

Edith bin save up 4,000 Kenyan shillings for di abortion. E no dey enough but di clinic agree to do di procedure on condition say she go pay more later.

One week afta di abortion, Edith bin tok to BBC again, she describe wetin e be like to get abortion for secret.

"I bin dey alone and in so much pain dat I dey hit di walls. I bin dey wonder wetin dey go on, if I dey give birth. I dey tink: 'I no wan die for dis house alone.'

"You do am in pain, sake of say you bin no expect sometin like dat. You love children but considering di life you dey live, you need to do dat."