by admin on | 2024-12-06 04:07:55
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Extra-judicial killings in Kenya not only points to the failure of the government to adhere to the rule of the law but also the little importance, if any, that it attaches to the right to life. It is an unpleasant reminder of anarchy albeit in a democratic state. This article proceeds on the assumption that the state is unwilling to end extrajudicial killings despite having the capability to do so. It critically probes the lived reality of extrajudicial killings in contravention of both national and international laws. The state is thus faulted for directly and indirectly permitting and taking part in extralegal executions within the territorial jurisdiction of Kenya. Informed by historical developments which have been revived by occurrences of the recent past, this article breathes life into violation of the right to life through extrajudicial killings. It offers a contextual background by analyzing the right to life in its entirety and legally permitted exceptions to the same. It reaches an informed conclusion that extrajudicial killings do not qualify as ground for limiting the enjoyment of the right to life. It further critically problematizes the excessive usage of police power by the executive culminating into extrajudicial killings. This article narrows down its focus to killing during protest and murder of suspects within police custody. In its conclusive limb, it recommends practical steps that can be taken to reduce and eventually leave extrajudicial killings for the history books.
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