Article 26 of the draft constitution provides that...
Right to life
26. (1) Every person has the right to life.
  (2) The life of a person begins at conception.
  (3) A person shall not be deprived of life intentionally, except to the extent
  authorized by this Constitution or other written law.
  (4) Abortion is not permitted unless, in the opinion of a trained health
  professional, there is need for emergency treatment, or the life or health of
  the mother is in danger, or if permitted by any other written law.

Life is divine and should be protected at all costs. Liberal abortion should never be enshrined in the supreme law of any land. This has been captured in the first clause of Article 26(1), which in my own esteemed opinion is hallowed. The fact that the law in Article 26 (2), which enhances the God-given power of procreation!

The function of Article 26(3) is seemingly to deal with capital punishment, ( which surprisingly the Church is not opposed to). However, by the provision of the preceding two provisions, this section is somehow superfluous since the right of an individual has been protected by the two provisions.

As regards to section 4 of this article, the learned experts on constitutional affairs incorporated this provision in the draft, as a mirror on reality. Whether we like it or not, abortion is being practiced in the back streets, and we are not ignorant as to this grave fact. And a close check into reality seems like the society is up in arms ratifying the act!! for example, in a strictly religious institution, what happens to two students who conceives. Supposing one carries the baby to term and the other aborts? Who gets the boot? I wish to say it is rather obvious. Lets take it was members of a church choir? Who would the pastor retain in the choir?

Finally, I wish to echo the sentiments of my mentor, Mr. Kamotho Waiganjo, that abortion is a poverty issue. The rich can easily corrupt to have the abortion license. What happens to the poor woman upcountry who can not afford to raise the kid and opts to abort? She will definitely go to the back streets. We also need to be conversant of this fact