This archive report was first published on 30 July 2019.
Published on July 30, 2019, by ANN NGIGI, a renowned author.
As we navigate the complexities of end-of-life care, it's essential to acknowledge the reluctance to discuss death and our preferences regarding it. We spend enormous resources, often with little or no measurable benefit to the dying.
With advancements in life-supportive technologies, patients receive therapeutic care, cardiopulmonary resuscitation, ventilator support, or ICU care, even when death is imminent. This raises questions about whether such treatment is in the individual patient's best interests or for any human or humane benefit.
Our laws respect the principle of the sanctity of life under Article 26 of the Constitution, but the right to life is not absolute. We should not pursue it to the point where it becomes empty of real content or involves the sacrifice of other important values, such as human dignity and freedom of choice.
Maintaining life alone may not be in a patient's best interest if the treatment does nothing to improve their condition. Life-supportive measures may help assuage feelings of helplessness, but no one should be denied the right to a dignified death.
Many state laws acknowledge 'best interest' analysis in making treatment decisions for incapacitated patients or those in constant and unbearable physical or mental suffering. In Kenya, euthanasia and assisted suicide are illegal, but denying people the right to make decisions about their bodily integrity and medical care violates their freedom of liberty and security of person.
One's response to a grievous and irremediable medical condition is critical to their dignity and autonomy. Courts have taken the position that 'a view that life must be preserved at all costs does not sanctify life.'
Kenya should consider legalizing euthanasia and physician-assisted suicide for deserving cases. Without legal guidance, it's challenging to know when to cease life support if a patient's condition will not improve.
Most people would prefer not to receive life-sustaining treatment if they are in too much pain or have no chances of recovering. 'Best interests' should include not only medical interests but also the patient's wishes, values, and preferences.
