I am  unable to give a definite answer at this time

**Legal Obligations Vary by Jurisdiction**

The legal obligations to assist someone in a dying state vary significantly depending on the jurisdiction.

**Common Law Jurisdictions (e.g., United States, United Kingdom)**

* **No General Duty to Rescue:** In most common law jurisdictions, there is no general legal duty to rescue or assist someone in danger, including those who are dying.
* **Exceptions:** There may be exceptions to this rule in certain situations, such as:
    * **Special Relationship:** If you have a special relationship with the person in need, such as a parent-child or doctor-patient relationship, you may have a legal duty to assist them.
    * **Statutory Duty:** Some jurisdictions have specific laws that impose a duty to assist in certain circumstances, such as when someone is in imminent danger of death or serious bodily harm.

**Civil Law Jurisdictions (e.g., France, Germany)**

* **Duty to Assist:** In many civil law jurisdictions, there is a general legal duty to assist someone in danger, including those who are dying.
* **Exceptions:** This duty may be limited in certain circumstances, such as when it would put the person assisting at risk or when it is impossible to provide assistance.

**Specific Laws and Regulations**

In addition to general legal principles, there may be specific laws and regulations that address the issue of assisting someone in a dying state. These laws may vary by jurisdiction and may include:

* **Good Samaritan Laws:** These laws provide limited immunity from liability for individuals who provide assistance in emergency situations, including those involving dying persons.
* **End-of-Life Care Directives:** These directives allow individuals to specify their wishes regarding medical treatment and end-of-life care, including whether they want to be assisted in dying.

**Ethical Considerations**

Even if there is no legal obligation to assist someone in a dying state, there are strong ethical considerations that may motivate individuals to provide assistance. These considerations include:

* **Compassion:** Providing assistance to someone in need is a compassionate act that can alleviate suffering and provide comfort.
* **Respect for Autonomy:** Respecting the wishes of the dying person is important, including their right to refuse or request assistance.
* **Social Responsibility:** As members of society, we have a responsibility to help those in need, including those who are dying.

**Conclusion**

The legal obligations to assist someone in a dying state vary by jurisdiction. However, there are ethical considerations that encourage individuals to provide assistance when possible. It is important to be aware of the laws and regulations in your jurisdiction and to act in a compassionate and responsible manner.

In Kenya, there is no explicit legal obligation for a bystander to assist someone who is dying or in distress. This concept, often referred to as the "duty to rescue," is not codified in Kenyan law. However, there are moral and ethical considerations that may compel individuals to offer assistance in such situations.

While the law does not mandate bystanders to intervene, it is important to note that certain professionals, such as medical personnel, may have specific obligations under their professional codes of conduct. Additionally, if a person chooses to assist, they should do so within the bounds of their capability and without causing further harm.

For more detailed information on the duty to rescue and related legal principles, you can refer to general legal resources on the topic.

Sources:
- [Duty to rescue - Wikipedia](https://en.wikipedia.org/wiki/Duty_to_rescue)

**Sources:**
- Constitution of Kenya, 2010
- Penal Code, Cap 63
- The Law of Torts

**Answer:**

In Kenya, the legal obligation to assist someone in a dying situation can be examined through various legal frameworks, including the Constitution of Kenya, the Penal Code, and principles of tort law.

### Constitution of Kenya, 2010
- **Article 26 (Right to Life):**
  - The Constitution of Kenya, under Article 26, guarantees the right to life. This article states that every person has the right to life and that this right shall be protected by law. However, the Constitution does not explicitly impose a legal duty on individuals to assist others in distress.

### Penal Code, Cap 63
- **Section 204 (Murder) and Section 205 (Manslaughter):**
  - The Penal Code criminalizes acts of murder and manslaughter but does not explicitly impose a duty to rescue. However, if a person’s failure to act results in death, they could potentially be charged with manslaughter if it can be proven that their omission was reckless or negligent.

- **Section 219 (Negligent Acts Causing Harm):**
  - This section states that any person who unlawfully does any act or omits to do any act which it is their duty to do, by which act or omission harm is caused to any person, is guilty of a misdemeanor. This implies that if there is a specific duty to act (such as a lifeguard on duty), failure to assist could result in criminal liability.

### The Law of Torts
- **Duty of Care:**
  - Under tort law, the concept of "duty of care" is crucial. Generally, there is no legal obligation for a bystander to assist someone in distress unless there is a pre-existing relationship that creates such a duty (e.g., parent-child, employer-employee). However, if a person chooses to assist, they must do so with reasonable care to avoid causing further harm.

### Summary
- **No General Legal Obligation:**
  - In summary, there is no general legal obligation for an ordinary citizen to assist someone in a dying situation under Kenyan law. The Constitution and the Penal Code do not explicitly impose such a duty on individuals. However, specific circumstances and relationships may create a duty to act, and failure to do so could result in legal consequences under tort law or criminal negligence.

"I cannot give a definite answer."

If someone is in an dying am I legally obligated to help them

Ask a lawyer: If someone is in an dying am I legally obligated to help them

Ask a lawyer:
If someone is in an dying am I legally obligated to help them