The Right to Die with Dignity: A Critical Analysis of the Place of Euthanasia in Kenya.

Abstract

Euthanasia also is known as assisted suicide or mercy killing is the termination of life in order to relieve pain and suffering. This can be done by a doctor with the consent of the patient or family members. There are no laws backing euthanasia in Kenya, hence, raising issues of its legality and applicability in Kenya. This paper will focus on the place of euthanasia in Kenya as it tends to raise issues on the legality and the ethical issues surrounding it. It will also view whether euthanasia can be implemented in the health bill and be considered as laws. It will also undertake a critical analysis of various laws in Kenya, with the comparative approach with other laws such as the English laws and other international laws on euthanasia; since different States respond differently on the issue. It will undertake an audit to determine what kind of impact Article 28 of the Constitution on human dignity and right to life in terms of the patients, and the effects on protecting the dignity of the patient even in dying. It will also aim to illustrate how legalizing euthanasia with open, accessible information would give limits and ensure there is no misuse.