AGADVOKS GLOBALKENYA · ENGLISH
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Penal Code

213. Causing death defined

Edition: 2023-12-11 · In force

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213. Causing death defined

A person is deemed to have caused the death of another person although his act is not the immediate or the sole cause of death in any of the following cases—
(a)if he inflicts bodily injury on another person in consequence of which that other person undergoes surgical or medical treatment which causes death. In this case it is immaterial whether the treatment was proper or mistaken, if it was employed in good faith and with common knowledge and skill; but the person inflicting the injury is not deemed to have caused the death if the treatment which was its immediate cause was not employed in good faith or was so employed without common knowledge or skill;
(b)if he inflicts bodily injury on another which would not have caused death if the injured person had submitted to proper surgical or medical treatment or had observed proper precautions as to his mode of living;
(c)if by actual or threatened violence he causes such other person to perform an act which causes the death of such person, such act being a means of avoiding such violence which in the circumstances would appear natural to the person whose death is so caused;
(d)if by any act or omission he hastened the death of a person suffering under any disease or injury which apart from such act or omission would have caused death;
(e)if his act or omission would not have caused death unless it had been accompanied by an act or omission of the person killed or of other persons.
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Source: Kenya Law