Skip to main content

Kenya: Death penalty taskforce holds open forum as debate rages

Noose
NAIROBI, Kenya, Jul 31 – The Taskforce on the Review of the Mandatory Nature of the Death Penalty that was appointed by the Attorney General in March is on Tuesday due to hold an open forum on the controversial issue.

In the Supreme Court Ruling of December 14 last year, the Attorney General was given 12 months within which to come up with proposals aligned to the recommendations contained in the Supreme Court Ruling that abolished the mandatory nature of the death penalty in Section 204 of the Penal Code Act.

During the meeting, the meaning and implication of the Supreme Court ruling will be discussed together will all members of the taskforce.

These include the Judiciary, the Prisons and Correctional Services, the Office of the Director of Public Prosecutions, the National Assembly, Kenya National Commission on Human Rights, Kenya Law Reform Commission, among others.

Other than the legislative framework, the task force being chaired by Maryann Njau-Kimani will set up a framework to deal with rehearing of sentencing of persons on death row as directed by the Supreme Court in December last year.

In the landmark judgment, six judges of the Supreme Court found that the mandatory nature of the death sentence as provided for under Section 204 of the Penal Code is unconstitutional.

The court led by Chief Justice David Maraga, Deputy CJ Philomena Mwilu, Justices Jackton Ojwang’, Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola, said a person facing the death sentence is most deserving to be heard in mitigation because of the finality of the sentence.

According to the judges, during mitigation, the offender’s version of events may be heavy with pathos necessitating the court to consider an aspect that may have been unclear during the trial process.

Source: CapitalFM, Simon Ndonga, July 31, 2018


Panel seeks substitution of death penalty with life imprisonment


The taskforce on the review of the mandatory death sentence is seeking the substitution of the penalty with life imprisonment with eligibility for parole.

According to Anne Okutoyi, a member of the task force representing the Kenya National Commission on Human Rights, judges will however have the discretion to impose the death sentence in cases where victims are vulnerable under a new legislative reform to be fronted by the Office of the Attorney General.

"The taskforce proposes life imprisonment with various terms of eligibility for parole depending on various (aggravating) circumstances and mitigating factors that an offender can present before a judicial officer," she said during a session with members of the media and other stakeholders on Tuesday.

Okutoyi noted that the new proposal which is among a raft of measures being fronted by the taskforce is in line with a Supreme Court ruling issued in December last year which found the death sentence to be unconstitutional to the extent of its mandatory nature.

The death sentence however remains enshrined in statutes leaving judges with discretion to impose it in aggravating cases.

"We propose that in serious cases - and we shall have clarity on what these serious cases shall be - then a judicial officer shall have the discretion to impose upon the death penalty," Okutoyi, member of the Maryann Njau-Kimani-led taskforce pointed out.

According to the taskforce which was gazetted by then Attorney General Githu Muigai on March 15, terms of parole would vary depending on the magnitude of the offence for which the convict is serving life imprisonment.

Under the current legal framework, those serving life-long detention can only be set free under the president's prerogative of mercy upon recommendation by the Power of Mercy Committee headed by the Attorney General.

Kenya commuted all death sentences to life imprisonment in 2009 prior to which no executions had been carried out with the exception of Hezekiah Ochuka and Pancras Okumu who were in 1987 hanged for treason following an attempt to overthrow the government.

The proposal by the Njau-Kimani-led taskforce to have the death sentence retained for judicial discretion in aggravating circumstances was however objected to by Amnesty International Kenya.

Amnesty instead suggested an overhaul of the corrective system as the country moves towards the abolishment of mandatory death sentencing.

The agency's Executive Director Irungu Houghton told Capital FM News on the sidelines of a media forum on the review of the mandatory death sentence that the penalty needed to be abolished in totality and replaced with a clear rehabilitative correctional system.

"The death penalty is among contentious issues globally, the others being euthanasia and abortion. Fortunately for us we are beginning to have a conversation on other means of sentencing," he said.

"What we (Amnesty) think should happen is that we need to look at our corrective and penal systems to make sure prisons are able to rehabilitate and correct violent offenders in a way that they do not pose harm to the society nor the State," Houghton explained.

He argued the death penalty was prone to abuse with the finality of the sentence making restitution of convicts in light of fresh evidence impossible.

"This sentence is open to misuse because there are cases where people have been hanged then you later realize they were not guilty of the offence," he said.

"This penalty is final, you cannot rehabilitate someone and you may not be able to have a retrial. We need to think about how we manage life imprisonment in a manner that keeps the society safe but provide an opportunity for rehabilitation," he outlined.

Houghton underscored the importance of the creation of a deterrent penalty to ensure an effective criminal justice system.

"It is critical that the State and the public are not rendered vulnerable by the removal of the death penalty," he stated.

The debate on death row was ignited in the recent weeks when High Court Judge, Jessie Lesiit sentenced a middle-aged lady to death after she was convicted of stabbing her boyfriend to death.

In her ruling on July 19, Lady Justice Lesiit said she had exercised judicial discretion in sentencing the former Lang'ata Women's Prison beauty queen Ruth Kamande to death saying she had shown no remorse during trial.

"In my view, the discretion to pass a sentence other than death in capital offences should only be exercised in deserving cases. I do not find this a deserving case and I think passing any other sentence than the one prescribed would turn the accused into a hero," she ruled.

Source: CapitalFM, July 31, 2018


⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Boston Marathon bomber’s appeal of death sentence marked by delays and secrecy

As the city marks the 12th anniversary of the Boston Marathon bombings, Dzhokhar Tsarnaev sits on federal death row for admittingly detonating bombs at the finish line that killed three people and injured more than 260 others. Yet, his fate remains uncertain after a decade of legal wrangling, as his lawyers continue to challenge his death sentence.  The federal judge who presided over his 2015 trial was ordered by an appeals court in March 2024 to investigate defense claims that two jurors were biased and should have been stricken from the panel. If he finds they were, then Tsarnaev is entitled to a new trial over whether he should be sentenced to life in prison or death, according to the appeals court. 

Indonesia | British grandmother who has spent 12 years on death row hugs grandchildren for first time as they visit Bali prison

Lindsay Sandiford, 68, reportedly shared 'cuddles and kisses' with her loved ones for the first time in years A British grandmother who has been stuck on death row in Bali for more than a decade has been reunited with her loved ones for the first time in years. Lindsay Sandiford has been locked up in Indonesia's notorious Kerobokan Prison since 2013 after being found guilty of trying to smuggle £1.6million of cocaine into the country.

Singapore executes man for 2017 murder of pregnant wife and daughter

Teo Ghim Heng, who strangled his pregnant wife and four-year-old daughter in 2017 before burning their bodies, was executed on 16 April 2025 after exhausting all legal avenues. His clemency pleas were rejected and his conviction upheld by the Court of Appeal in 2022. Teo Ghim Heng, who was convicted of murdering his pregnant wife and their four-year-old daughter in 2017, was executed on 16 April 2025. The Singapore Prison Service confirmed that Teo’s death sentence was carried out at Changi Prison Complex. In a news release on the same day, the police stated: “He was accorded full due process under the law, and was represented by legal counsel both at the trial and at the appeal. His petitions to the President for clemency were unsuccessful.”

USA | Who are the death row executioners? Disgraced doctors, suspended nurses and drunk drivers

These are just the US executioners we know. But they are a chilling indication of the executioners we don’t know Being an executioner is not the sort of job that gets posted in a local wanted ad. Kids don’t dream about being an executioner when they grow up, and people don’t go to school for it. So how does one become a death row executioner in the US, and who are the people doing it? This was the question I couldn’t help but ask when I began a book project on lethal injection back in 2018. I’m a death penalty researcher, and I was trying to figure out why states are so breathtakingly bad at a procedure that we use on cats and dogs every day. Part of the riddle was who is performing these executions.

Indiana Supreme Court sets May 20 execution date for death row inmate Benjamin Ritchie

The condemned man has exhausted his appeals but is likely to seek a clemency plea. Indiana Supreme Court justices on Tuesday set a May 20 execution date for death row inmate Benjamin Ritchie, who was convicted in 2002 for killing a law enforcement officer from Beech Grove. The high court’s decision followed a series of exhausted appeals previously filed by Ritchie and his legal team. The inmate’s request for post-conviction relief was denied in Tuesday’s 13-page order, penned by Chief Justice Loretta Rush, although she disagreed with the decision in her opinion.

USA | They were on federal death row. Now they may go to a supermax prison.

A group of federal prisoners filed a lawsuit this week accusing the Trump administration of seeking to move them to a supermax prison to face tougher conditions as punishment for having their death sentences commuted by President Joe Biden. President Donald Trump has repeatedly criticized Biden’s decision to commute the sentences of 37 federal death row inmates to life in prison without parole. After his inauguration, Trump ordered that the former death row prisoners be housed “in conditions consistent with the monstrosity of their crimes and the threats they pose.”

Louisiana to seek death penalty for child killer despite Biden’s commutation

CATAHOULA PARISH, La. — While a federal death row sentence has been reclassified by former President Joe Biden to life without parole, the State of Louisiana still seeks the death penalty for a man convicted of the kidnapping, torturing and murdering a child in Catahoula Parish.  According to a statement by the Seventh Judicial District of Louisiana District Attorney Bradley Burget, on Monday, a Catahoula Parish Grand Jury indicted Thomas Steven Sanders for the first-degree murder of 12-year-old Lexis Kaye Roberts in 2010. 

Texas executes Moises Mendoza

Moises Sandoval Mendoza receives lethal injection in Huntsville for death of 20-year-old Rachelle O’Neil Tolleson  A Texas man convicted of fatally strangling and stabbing a young mother more than 20 years ago was executed on Wednesday evening.  Moises Sandoval Mendoza received a lethal injection at the state penitentiary in Huntsville and was pronounced dead at 6.40pm, authorities said. He was condemned for the March 2004 killing of 20-year-old Rachelle O’Neil Tolleson. 

Afghanistan | Four men publicly executed by Taliban with relatives of victims shooting them 'six or seven times' at sport stadium

Four men have been publicly executed by the Taliban, with relatives of their victims shooting them several times in front of spectators at a sport stadium. Two men were shot around six to seven times by a male relative of the victims in front of spectators in Qala-i-Naw, the centre of Afghanistan's Badghis province, witnesses told an AFP journalist in the city.  The men had been 'sentenced to retaliatory punishment' for shooting other men, after their cases were 'examined very precisely and repeatedly', the statement said.  'The families of the victims were offered amnesty and peace but they refused.'

South Carolina executes Mikal Mahdi

Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers A man facing the death penalty for committing two murders was executed by firing squad on Friday, the second such execution in the US state of South Carolina this year. Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers, an off-duty police officer, and the murder of a convenience store employee three days earlier. According to a statement from the prison, "the execution was performed by a three-person firing squad at 6:01 pm (2201 GMT)," with Mahdi pronounced dead four minutes later.