Killer or victim: an evaluation of the law on infanticide in Kenya

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dc.contributor.authorOuma, B. A.
dc.date.accessioned2025-12-02T12:43:35Z
dc.date.available2025-12-02T12:43:35Z
dc.date.issued2024
dc.descriptionFull - text undergraduate research project
dc.description.abstractMotherhood is considered to be one of the greatest joys in a woman’s life. Despite the challenges that are coupled with it, most women would consider being a mother as a very fulfilling journey. Thus, women who kill their children present a profound challenge to the accepted notions of motherhood which emphasize on the security that a mother is expected to accord to their child. The offence of infanticide in modern times has been construed to mean the action of a woman causing the death of her infant due to the challenges that come with childbirth and the effects of lactation. This shows that the law appreciates the reality that the woman’s mind was incapacitated at the time of occurrence of the offence, however, the offence is still criminalized due to the life that has been lost. The study employs the use of qualitative research through the use primary sources such as statutes as well as secondary sources. This study evaluates whether the law in Kenya should continue criminalizing the offence of infanticide. The study considers the current approach taken by different courts in Kenya in deciding such cases. This study also employs the use of a comparative analysis in analysing the development of the law on infanticide using the UK as a comparative jurisdiction. Through the comparative analysis, the study recommends adapting some of the practices that courts in the UK have taken up over the years in deciding cases of infanticide. Lastly, this study examines the opportunity for reform on the law on infanticide in Kenya. It does so by analysing what the UK courts have been doing and whether the same can be adapted by the Kenyan courts.
dc.identifier.citationOuma, B. A. (2024). Killer or victim: An evaluation of the law on infanticide in Kenya [Strathmore University]. http://hdl.handle.net/11071/15935
dc.identifier.urihttp://hdl.handle.net/11071/15935
dc.language.isoen
dc.publisherStrathmore University
dc.titleKiller or victim: an evaluation of the law on infanticide in Kenya
dc.typeThesis
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