Business/commercial law question and answers

With reference to life, liberty, security of the person and protection of law:

  • A) Explain circumstances when a person shall not be regarded as having been deprived of his life in contravention of the provisions of the Constitution if he dies as a result of the use of force.(4 marks)
  • B) Cite instances when a person shall be lawfully deprived of personal liberty. (16 marks)

ANSWER
Under the provisions of the Constitution of Kenya, a person is not regarded as having been deprived of his life, if he dies in the following circumstances:
o For the defence of any person from violence
o For the defence of property
o In order to effect lawful arrest

o To prevent the escape of a person lawfully detained.
o For the purpose of suppressing a riot, insurrection or mutiny.
o If he dies as a result of a lawful act of war.

(b) A person shall be lawfully deprived of personal liberty in certain circumstances:
In execution of the sentence or order of a court in respect of a criminal offence of which he has been convicted.
In execution of a court order punishing him for contempt of court.
For the purpose of bringing him before a court of law in execution of an order of the court.
Upon reasonable suspicion of his having committed or being about to commit a criminal offence.
For the purpose of the persons education or welfare if below 18 years.
For the purpose of preventing the spread of an infectious or contagious disease.
For the purpose of care, treatment or protection, if the person is or is reasonably suspected to be of unsound mind, addicted to drugs or is a vagrant.
For the purpose of preventing the unlawful entry of the person into Kenya or for the purpose of effecting the expulsion, extradiction or other lawful removal of that person from Kenya or for the purpose of restricting the person while being conveyed through Kenya in the course of extradiction or removal as a convicted prisoner from one country to another.
To such extent as may be necessary in the execution of a lawful order requiring the person to remain within a specified area within Kenya or prohibiting him from being within such an area.



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