Does the Penal Code promote life or punish despair? A study of the law against suicide in Kenya
Posted: 7 February, 2025 Filed under: Pawi Fortune, Soita Shitanda Elvis | Tags: Jackson Mwangi Kariuki v Republic, Kenya, Kenyan Penal Code, law, legal remedies, mental well-being, morality, outdated legislation, public humiliation, self-destruction, self-harm, sexual orientation, suicide, suicide criminalisation Leave a comment |
Author: Pawi Fortune Federation of African Law Students, Kenya |
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Author: Soita Shitanda Elvis Kabarak University Law School |
‘Austin taught that the only force behind the law was physical force, and Mill declared that the only purpose for which that force could rightfully be used against any member of the community was to prevent harm to others; his own good, physical or moral, was not sufficient warrant.’[1]
The question on law and morality is as old and controversial as the question of which came first between the chicken and the egg. To some, law and morality are two separate entities whereas others are of the opinion that law and morality are interconnected. According to Professor H.L.A Hart, law and morality are two distinct social phenomena, and a free society should allow for morally autonomous choices.[2] Lord Devlin on the other hand argues that when conduct arouses widespread feelings of intolerance, indignation and disgust, it deserves to be suppressed by legal coercion in interest of the integrity of the society.[3] The issue of suicide intersects with the complex interplay between legal frameworks and societal morality, raising profound questions about individual autonomy, the state’s role in protecting life, and the ethical implications of criminalising self-destructive behavior. This article aims to provide a critical assessment of the Kenyan Penal Code’s stance on suicide, advocating for a shift towards a compassionate and supportive legal framework.
Accelerating efforts to combat the rise of sexual and gender-based violence in Kenya
Posted: 17 December, 2020 Filed under: Juliet Nyamao | Tags: #Hear Me Too, #MeToo, #Orange the World, #Times Up, 16 Days of Activism against Gender-Based Violence, 160 girls project, Beijing Declaration and Plan of Action, gender-based violence, Kenyan Constitution, Kenyan Penal Code, Maputo Protocol, sexual and reproductive rights 2 Comments
Author: Juliet Nyamao
Human Rights Attorney, Kenyan Bar
16 Days of Activism against Gender-Based Violence is an international campaign that runs yearly from 25 November, the International Day for the Elimination of Violence against Women, to 10 December, International Human Rights Day. The period is observed in many African countries including Kenya, culminating in a colorful thematic event on the last day of the campaign. During this period, governments may reevaluate their national policies and action plans to completely eradicate practices that discriminately affect women in the community. This campaign provides an opportune moment to create awareness, on a worldwide scale, of the prevalence of sexual and gender-based violence (SGBV) and to galvanise support to curtail its escalation to pandemic proportions.
AfricLaw 