Ask a lawyer:
With the help of judicial decisions, explain the imposition of the death penalty of the current criminal law in Kenya

mwakili.com

The death penalty in Kenya is a complex issue with a long history. While it is still a legal punishment for certain crimes, its application is subject to strict legal requirements and judicial scrutiny.

The Death Penalty in Kenyan Law
Judicial Decisions on the Death Penalty
The Current State of the Death Penalty in Kenya

1. The Death Penalty in Kenyan Law

The death penalty is provided for in the Kenyan Penal Code, specifically in Section 203, which states that "Any person who commits murder shall be sentenced to death." However, the imposition of the death penalty is not automatic. The courts have discretion to impose other sentences, such as life imprisonment, depending on the circumstances of the case.

The Kenyan Constitution also addresses the death penalty in Article 26(4), which states that "No person shall be subjected to torture or to inhuman or degrading treatment or punishment." This provision has been interpreted by the courts to mean that the death penalty must be imposed in a manner that is consistent with human rights and dignity.

2. Judicial Decisions on the Death Penalty

The Kenyan courts have issued several landmark decisions on the death penalty, which have shaped its application in the country. Some of these decisions include:

2.1. The Francis Karioko Muruatetu Case (2017)

In the case of Francis Karioko Muruatetu & Another v. Republic, the Supreme Court of Kenya declared the mandatory death penalty unconstitutional. The court held that the mandatory death penalty violated the right to a fair trial and the right to life, as it deprived the courts of the discretion to consider mitigating factors and impose a sentence that was proportionate to the crime.

Source: Supreme Court of Kenya ↗

2.2. The Mutiso Case (2003)

The Court of Appeal in the Mutiso case held that the death penalty is a lawful sentence for murder, but it is not the only sentence. The court emphasized that the trial judge has a duty to consider all the circumstances of the case before imposing a sentence, including the mitigating factors.

Source: Supreme Court of Kenya ↗

2.3. The Njuguna Case (2019)

In the Njuguna case, the Court of Appeal held that the death penalty should only be imposed in the most serious cases of murder, where the crime is particularly heinous or where the offender poses a continuing threat to society.

Source: Kenya Law ↗

3. The Current State of the Death Penalty in Kenya

Following the Muruatetu decision, the death penalty in Kenya is no longer mandatory. The courts now have discretion to impose a sentence of life imprisonment or the death penalty, depending on the circumstances of the case.

The Kenyan government has not abolished the death penalty, and it remains a legal punishment for certain crimes, including murder, treason, and robbery with violence. However, there has been a significant decrease in the number of death sentences imposed in recent years.

The current state of the death penalty in Kenya is characterized by a number of factors, including:

The constitutional right to life: The Kenyan Constitution guarantees the right to life, which has been interpreted by the courts to mean that the death penalty must be imposed in a manner that is consistent with human rights and dignity.
The discretion of the courts: The courts have discretion to impose a sentence of life imprisonment or the death penalty, depending on the circumstances of the case.
The increasing awareness of human rights: There is a growing awareness of human rights in Kenya, which has led to increased scrutiny of the death penalty.
The international pressure: Kenya is a signatory to the International Covenant on Civil and Political Rights, which calls for the abolition of the death penalty.

The future of the death penalty in Kenya is uncertain. While it remains a legal punishment, there is a growing movement to abolish it. The Kenyan government is currently reviewing its laws on the death penalty, and it is possible that it will be abolished in the future.

In conclusion, the death penalty in Kenya is a complex issue with a long history. While it is still a legal punishment for certain crimes, its application is subject to strict legal requirements and judicial scrutiny. The Kenyan courts have issued several landmark decisions on the death penalty, which have shaped its application in the country. The future of the death penalty in Kenya is uncertain, but there is a growing movement to abolish it.