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

mwakili.com

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."