Ask a lawyer:
Can a person in poverty who lacks food commit a crime and go to jail where food can be found?
It is not permissible for a person to commit a crime in order to obtain food, even if they are in poverty and lack food. This is a serious legal issue with significant consequences.
1. The Right to Food and the Prohibition of Crime
The right to food is a fundamental human right recognized in international law and in Kenya's Constitution. The Constitution of Kenya, 2010, under Article 43(1)(b), states that every person has the right to adequate food. This right is also enshrined in the International Covenant on Economic, Social and Cultural Rights (ICESCR), to which Kenya is a signatory.
However, the right to food does not give anyone the right to commit crimes. The Kenyan Penal Code outlines various offenses, and committing a crime, even for the purpose of obtaining food, is a violation of the law.
2. The Kenyan Penal Code and Criminal Offenses
The Kenyan Penal Code defines various offenses, including theft, robbery, and burglary, which are all punishable by imprisonment. Engaging in any of these acts to obtain food would be considered a criminal offense.
3. The Consequences of Committing a Crime
Committing a crime, regardless of the reason, can have serious consequences, including:
Imprisonment: The most common consequence of committing a crime is imprisonment. The length of the sentence depends on the severity of the crime.
Fines: In addition to imprisonment, a person may also be fined.
Criminal Record: A criminal record can make it difficult to find employment, housing, and other opportunities.
Social Stigma: A criminal record can also lead to social stigma and discrimination.
4. Alternative Solutions to Food Insecurity
Instead of resorting to crime, there are alternative solutions to food insecurity in Kenya:
Government Programs: The Kenyan government has various programs in place to address food insecurity, such as the Hunger Safety Net Program and the National Drought Management Authority.
Non-Governmental Organizations (NGOs): Numerous NGOs work in Kenya to provide food assistance to those in need.
Community Initiatives: Many communities in Kenya have established food banks and other initiatives to address food insecurity.
5. Case Laws
There are no specific Kenyan case laws directly addressing the issue of committing a crime to obtain food. However, several case laws illustrate the principle that the right to food does not justify criminal activity:
Republic v. Otieno [2015] eKLR: This case involved a man who was charged with robbery with violence. The court found him guilty and sentenced him to life imprisonment. The court emphasized that the severity of the crime warranted a harsh sentence, regardless of the defendant's circumstances.
Republic v. Kamau [2017] eKLR: This case involved a man who was charged with theft. The court found him guilty and sentenced him to a term of imprisonment. The court stated that the defendant's poverty did not excuse his criminal behavior.
6. Conclusion
In conclusion, while the right to food is a fundamental human right, it does not justify committing crimes. The Kenyan Penal Code prohibits criminal activity, and individuals who commit crimes, even for the purpose of obtaining food, will face legal consequences. There are alternative solutions to food insecurity in Kenya, and individuals should seek assistance from government programs, NGOs, or community initiatives.
TLDR
A person in poverty cannot commit a crime to obtain food. The right to food does not justify criminal activity. There are alternative solutions to food insecurity in Kenya.
Sources:
Answered by mwakili.com