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)

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Saudi Arabia executed 356 people in 2025, highest number on record

Analysts attribute increase to kingdom’s ‘war on drugs’ as authorities kill 356 people by death penalty Saudi authorities executed 356 people in 2025, setting a new record for the number of inmates put to death in the kingdom in a single year. Analysts have largely attributed the increase in executions to Riyadh’s “war on drugs”, with some of those arrested in previous years only now being executed after legal proceedings and convictions. Official data released by the Saudi government said 243 people were executed in drug-related cases in 2025 alone, according to a tally kept by Agence France-Presse.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

M Ravi, the man who defied Singapore regime's harassment, dies

M Ravi never gave up despite the odds stacked against him by the Singapore regime, which has always used its grip on the legal process to silence critics. M Ravi, one of Singapore's best-known personalities who was at the forefront of legal cases challenging the PAP regime over human rights violations, has died. He was 56. The news has come as a shock to friends and activists. Singapore's The Straits Times reported that police were investigating the "unnatural death".

Singapore | Prolific lawyer M Ravi, known for drug death-penalty cases, found dead

Ravi Madasamy, a high-profile lawyer who represented death-row inmates and campaigned against capital punishment, was found dead in the early hours, prompting a police investigation into an unnatural death KUALA LUMPUR — Prolific Singapore lawyer Ravi Madasamy who tried to save Malaysian drug traffickers from the gallows found dead in the early hours with police investigating a case of unnatural death. Lawyer Eugene Thuraisingam, who had previously represented 56-year-old Ravi in court and described him as a friend, said he was deeply saddened by the news.

USA | Justice Department Encourages New Capital Charges Against Commuted Federal Death Row Prisoners

On Dec. 23, 2024, former President Joseph R. Biden Jr. commuted the sentences of nearly all federal death row prisoners, sparing 37 men from execution. Just 28 days later, on Jan. 20, 2025, newly inaugurated President Donald J. Trump issued an executive order encouraging state and local prosecutors to pursue new charges against those same prisoners, reopening the possibility of capital punishment in state courts.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

Iran | Executions in Shiraz, Borazjan, Ahvaz, Isfahan, Ardabil, Rasht, Ghaemshahr, Neishabur

Iran Human Rights (IHRNGO); December 23, 2025: Mahin Rashidi, Abbas Alami, Naser Faraji, Tohid Barzegar and Jamshid Amirfazli, five co-defendants on death row for drug-related offences, were secretly executed in a group hanging in Shiraz Central Prison.  According to information obtained by Iran Human Rights, four men and a woman were hanged in Shiraz (Adel Abad) Central Prison on 17 December 2025. Their identities have been established as Mahin Rashidi, a 39-year-old woman, Abbas Alami, 43, Naser Faraji, 38, Tohid Barzegar, 51, and Jamshid Amirfazli, 45, all Kashan natives.