Medics want Jackson Tali set free. He was sentenced to death for carrying out an abortion

On 24th September, nurse Jackson Tali was sentenced to death by high court judge Nicholas Ombija after he was found guilty of causing the death of Christine Atieno by assisting her to procure an abortion at his clinic on 27th July 2009.

The precedent setting ruling has now thrown healthcare providers across the country in to a spin. Medical workers are now planning to appeal the ruling claiming the judge made a mistake by handing down the sentence.

According to Evelyn Opondo, the regional director of CFRR- Center for Reproductive Rights, the pathologist who carried out post mortem exams on Christine Atieno said that he was unable to ascertain the cause of death. She added that if Jackson Tali was charged with the murder of the woman, for him to be found guilty, it would mean that it was the direct act of Jackson’s act that caused the woman’s death.

The medics say the precedence set by the ruling has unsettled health workers who are now reluctant to intervene in emergencies fearing legal action.

Abortion is illegal in Kenya, but a doctor is allowed to perform one if either the mother or the unborn child are in danger. A report by the African Population and health research center which was released by the ministry of health showed that in 2012 alone, close to half a million women underwent abortion in Kenya. Out of these, a third were admitted to public hospitals with severe complications which often lead to death.

The health workers are now calling for a review of the current legal framework which they say is not clear on matters abortion