“I don’t want you to miss all the things someone else could give you.”
These were the haunting words of Will Traynor, the charming and once-adventurous young man paralyzed after an accident in the romantic drama Me Before You. Will, full of pain and resigned to a life he no longer considered worth living, opted for assisted suicide. His decision shattered Louisa, the vibrant woman who had fallen for him, and divided viewers globally. Some understood him; others were outraged.

This movie may be fictional, but it mirrors an emotional and moral debate that many Kenyans are yet to fully confront—euthanasia, often referred to as mercy killing.

What Does the Law Say—and What Does It Deny?

Kenya’s Constitution places a high premium on the sanctity of life, but also affirms human dignity as a core right under Article 28. While the law criminalizes mercy killing under the Penal Code—grouping it under murder or aiding suicide—it inadvertently denies individuals the right to choose a dignified, pain-free end when faced with terminal illness. This contradiction leaves many trapped between prolonged suffering and a legal system that offers no escape.

Unlike Kenya, countries like Belgium, Canada, and Switzerland have legalized euthanasia under tight safeguards. In Africa, South Africa has made limited legal strides, with debates ongoing in courts. For Kenyans who wish to pursue euthanasia, flying abroad is an option—but one available only to the wealthy few, due to the cost of treatment, travel, and legal approvals.

The danger, however, lies in what could happen if Kenya legalized euthanasia without strict regulation. In a country where poverty is widespread and access to healthcare remains uneven, could mercy killing be misused to quietly eliminate economic burdens? If not carefully handled, legalizing euthanasia might risk turning desperation into justification.

So in a poor country where the majority of citizens already struggle to afford basic healthcare, would legalizing euthanasia lead to reckless use of the law to cut costs?

What is Mercy Killing?

Mercy killing, or euthanasia, is the act of intentionally ending a person's life to relieve them from incurable pain or suffering. There are different types:

Voluntary euthanasia (with the patient’s consent),

Involuntary euthanasia (without the patient’s consent), and

Passive euthanasia (withholding treatment).

In countries like the Netherlands, Belgium, and Canada, euthanasia has been legalized under strict conditions. However, in Kenya, it remains a controversial and criminalized subject.

The Legal Status of Euthanasia in Kenya

Kenya's Penal Code criminalizes euthanasia under the broad umbrella of murder or manslaughter. Regardless of motive, intentionally ending a human life—even to relieve suffering—is punishable by law.

Section 203 of the Penal Code defines murder as “causing the death of another person with malice aforethought.” Meanwhile, aiding or abetting a suicide is also illegal under Section 225, which prescribes a penalty for anyone who helps another person take their own life.

This means that if a loved one were to assist a terminally ill patient in ending their suffering, even with the patient’s consent, they could face criminal charges.

Cultural and Religious Dimensions

In many Kenyan communities, life is considered sacred and belongs to a higher power—God. The notion of “choosing” when to die is not only frowned upon but viewed as interfering with divine will.

Religious leaders across denominations largely oppose euthanasia. The Catholic Church, for instance, views it as a violation of the sanctity of life, advocating instead for palliative care and spiritual support. Islamic teachings similarly uphold the belief that only Allah gives and takes life.

Traditional African beliefs also play a role. Many communities see suffering as a rite of passage or part of life’s spiritual journey. Asking to die may be seen as giving up or even inviting curses upon one’s lineage.

The Human Side: Real Cases and Quiet Suffering

While Kenya may not have had high-profile euthanasia cases like in Western nations, whispers exist in private wards and poor rural homes.

There are terminally ill patients suffering from cancer, late-stage HIV, and ALS, whose families are torn between watching their loved ones die slowly or wishing there was a “peaceful” way to let go.

A Nairobi nurse who requested anonymity once shared a story of a patient with end-stage kidney failure who begged every day to die. “He said his pain was no longer physical, it was emotional. He felt like a burden to his children who had sold almost everything for dialysis.”

Even in such moments, however, no legal or medical route exists in Kenya to honor such a wish.

The Ethical Question: Should Kenya Consider Legalizing Euthanasia?

Supporters of euthanasia argue that:

It allows people to die with dignity.

It reduces the burden on families both emotionally and financially.

It respects a person’s right to choose.

Opponents counter that:

It could be abused, especially in a country with widespread poverty and corruption.

Proper palliative care should be prioritized instead of legalizing death.

Legalizing euthanasia could devalue life, especially for the disabled and elderly.

It’s a sensitive tightrope, particularly in a country where healthcare access remains unequal and many terminally ill patients suffer in silence without even the basics of pain medication.

What Should Kenya Focus On?

Before jumping into a debate on euthanasia legalization, Kenya might need to address the bigger elephant in the room: palliative care. Very few hospitals offer adequate pain management or emotional support for dying patients. Many rural health centers are not equipped to handle terminal illnesses compassionately.

The country also needs robust laws and ethical guidelines to guard against abuse if ever the conversation on legal euthanasia becomes serious. This includes safeguards for the elderly, mentally ill, and financially vulnerable populations.

Final Thoughts

Me Before You broke many hearts with its romanticized yet tragic ending. But for Kenyans, it brings an uncomfortable reality closer to home. What happens when a loved one no longer wants to live—not out of despair, but from unbearable suffering?

Perhaps the question we should ask isn’t just whether euthanasia should be legalized in Kenya. It’s whether we’re ready to have honest conversations about death, dignity, and compassion beyond the law.