Criminal Law Assignment

Q2 George and Billy are on the pavement, along University Way, arguing about a debt. George, who has been drinking excessively, suddenly lashes out at Billy with his fist, breaking Billy's nose. Billy runs into the road where he is struck by a "Tuktuk", Billy suffers a large wound on his leg and bleeds heavily. He is rushed to Kenyatta National Hospital. Billy refuses to have a blood transfusion because of his religious beliefs. He dies later that day from loss of blood. Discuss George's potential liability for the above incident.

Q3 The High Court of Kenya declared criminal defamation to be unconstitutional, thus repealing section 194 of the Penal Code in the case of Jacqueline Okuta & another v Attorney General & 2 others [2017] eKLR. The court was persuaded beyond doubt that having regard to international human rights principles, not only did criminalizing defamation have harmful and undesirable consequences but also the chilling possibilities of arrest, detention and two years imprisonment were manifestly excessive in their effect and unjustifiable in a modern democratic society like Kenya. To what extend to you agree or disagree with the High Court in this decision?