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Abortion in the Kenyan Constitution

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The right to life is the basic right that a person has the privilege not to be killed by another individual. The idea of right to life is vital to arguments on the issues of abortion, the death penalty, euthanasia, self-defence and war. As per numerous human rights activists, death penalty disregards this right. According the Kenyan constitution 2010(Kenya Const. chapter 4, Article 71, 1). No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under the law of Kenya of which he has been convicted. This goes to show that the constitution approves of death penalty if sentenced by the court.

Abortion is not permitted according to Article 26(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. This is in accordance to the right of life Article 71, (2) the life of a person begins at conception. In the case that an individual tries to kill an unborn child through force, consumption of harmful substance that cause miscarriage and violence that person is subjected to imprisonment up to fourteen years as stated Article 158. Attempts to procure abortion.

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Any person who, with intent to procure miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a felony and is liable to imprisonment for fourteen years.

This what the constitution has to say about self-defence and war (2) Without prejudice to any liability for a contravention of any other law with respect to the use of force in those cases hereinafter mentioned, a person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use of force to such an extent as is reasonably justifiable in the circumstances of the case:

  • For the defence of any person from violence or for the defence of property;
  • In order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
  • For the purpose of suppressing a riot, insurrection or mutiny;Or
  • in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war.

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Abortion in the Kenyan Constitution. (2018, December 17). GradesFixer. Retrieved May 8, 2021, from https://gradesfixer.com/free-essay-examples/abortion-in-the-kenyan-constitution/
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