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| Tags: Jackson Mwangi Kariuki v Republic, Kenya, Kenyan Penal Code, law, legal remedies, mental well-being, morality, outdated legislation, public humiliation, self-destruction, self-harm, sexual orientation, suicide, suicide criminalisation Leave a comment |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.
Men are Human Too: Challenging Existing Perceptions and Definitions of Masculinities
Posted: 30 October, 2023 Filed under: Athini Magodla | Tags: crime levels, Fatherhood, Fatherlessness, gender equality, gender liberation, gender norms, identity, Masculinities, Men, mental health, quality of life, suicide, violence, youth 1 Comment
Author: Athini Magodla
Gender Programme Fellow, Centre for the Study of Violence and Reconciliation (CSVR).
Although June was Men’s Mental Health Month, noticeably, very few people know about it. This speaks volumes and shows the general disregard by society, of the issues that men face. There are limited platforms for men to engage their mental health experiences as a result of fear that holding space for men negates feminism.
The South African Society of Psychiatrists (SASOP) emphasises that suicide is one of the leading causes of death globally and the mortality rate amongst men is considerably higher compared to women. The death of local South African male celebrities such as Riky Rick, Patrick Shai and Jabu Christopher shone the spotlight on the prevalence of suicide amongst men, which sparked up debates on Twitter. The South African Depression and Anxiety Group (SADAG) reported that South African men are four times more likely to commit suicide than women – depression, anxiety and trauma are some of the contributing factors that lead men to suicide.
The ‘forgotten tribe’: Persons with disabilities in Ethiopia and the State’s response to COVID-19
Posted: 25 June, 2020 Filed under: Dagnachew B. Wakene | Tags: ableism, African Disability Rights Protocol (ADP), COVID-19, CRPD, Declaration of State of Emergency, disability, Ethiopia, international disability treaty, Marrakesh Treaty, pandemic, persons with disabilities, PWDs, right to life, social distancing, suicide 4 Comments
Author: Dagnachew B. Wakene
Institute for International and Comparative Law (ICLA), Faculty of Law, University of Pretoria
A person with visual impairment residing in Dire Dawa – Ethiopia’s second largest city in the Eastern part of the country – was recently reported to have set himself on fire in broad daylight and in public, apparently attempting to commit suicide. His reason, as later affirmed by his neighbors and acquaintances, was that he was entirely segregated, deserted by society, including friends who, pre-COVID-19, would assist him as his guides, give him a hand to run errands and go out-and-about his daily routines. Now, owing to the COVID-19 era mantra of ‘social distancing’, no one would approach the blind man altogether, hence instilling in him a feeling of despair, abandonment, lack of self-worth, so much so that he no longer saw the need to continue living thus decided to set himself alight right there on the streets of Dire Dawa. He was rushed to the hospital afterwards, but only in vain. The man died a few days later while on treatment.
AfricLaw 