To Live or not to Live: The place of Euthanasia in Kenya

Abstract

Euthanasia as described above is illegal in Kenya. In Kenya the Constitution gives the right to life in article 26, which should not be deprived. However, I feel there is a misunderstanding on the way the right to life has been interpreted, especially in Kenya. Article 26 shows there is a lacunae in the law. As per Sunil Batra v. Delhi Administration “‘Life’ in was interpreted as, not merely the physical act of breathing. It does not connote mere animal existence or continued drudgery through life. It has a much wider meaning which includes right to live with human dignity, right to livelihood, right to health… the right to health is defined as enjoying all faculties of the human body in their prime conditions.”