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)

China executes 11 members of gang who ran billion-dollar criminal empire in Myanmar

China has executed 11 members of the notorious Ming family criminal gang, who ran mafia-like scam centers in Myanmar and killed workers who tried to escape, Chinese state media reported on Thursday.  The Ming family was one of the so-called 4 families of northern Myanmar — crime syndicates accused of running hundreds of compounds dealing in internet fraud, prostitution and drug production, and whose members held prominent positions in the local government and militia aligned with Myanmar’s ruling junta. 

Florida | Man convicted of leaving girl to be eaten by gators avoids death penalty

After about 4 hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock.  A South Florida man who dropped off a 5-year-old child in the Everglades to be eaten alive by gators nearly 3 decades ago was given a second chance at life as jurors recommended he should spend the rest of his life behind bars instead of being sent to death row. After about four hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock. 

Federal Judge Rules Out Death Penalty for Luigi Mangione in UnitedHealth CEO Killing

NEW YORK — A federal judge has dismissed two charges against Luigi Mangione, the man accused of assassinating UnitedHealthcare CEO Brian Thompson, effectively removing the possibility of the death penalty in the high-profile case.  U.S. District Judge Margaret Garnett ruled Friday that the murder charge through use of a firearm — the only count that could have carried a capital sentence — was legally incompatible with the remaining interstate stalking charges against Mangione.

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.

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.

Death toll in Iran protests could exceed 30,000

In an exclusive report, the American magazine TIME cited two senior officials from the Iranian Ministry of Health, who stated that the scale of the crackdown against protesters on January 18 and 19 was so widespread that 18-wheeler trailers replaced ambulances. In its report, based on testimony from these two high-ranking officials, TIME revealed statistics that differ vastly from the official narrative of the Islamic Republic.

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.

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.

Florida's second execution of 2026 scheduled for February

Florida’s second execution of 2026, a man convicted of killing a grocery story owner, will take place in February. Gov. Ron DeSantis signed the death warrant Jan. 23 for Melvin Trotter, 65, to die by lethal injection Feb. 24.  Florida's first execution will take place just a few weeks earlier when Ronald Palmer Heath is set to die Feb. 10. Trotter was convicted of first-degree murder and sentenced to death in 1987 for strangling and stabbing Virgie Langford a year earlier in Palmetto. 

China executes another four members of powerful Myanmar-based crime family

China has executed another four members of a powerful Myanmar-based crime family that oversaw 41 pig butchering scam* compounds across Southeast Asia.   The executed individuals were members of the Bai family, a particularly powerful gang that ruled the Laukkai district and helped transform it into a hub for casinos, trafficking, scam compounds, and prostitution.  China’s Supreme People’s Court approved the executions after 21 members were charged with homicide, kidnapping, extortion, operating a fraudulent casino, organizing illegal border crossings, and forced prostitution. The court said the Bai family made over $4 billion across its enterprise and killed six Chinese citizens.