Mandatory death sentence ‘unconstitutional’ in Kenya

By Andrew Wasike

NAIROBI, Kenya

Kenya’s Supreme Court on Thursday declared the mandatory death sentence in the East African country as “unconstitutional”.

In a ruling, the Supreme Court’s judge Njoki Ndungu said a law regarding mandatory death penalty is “inconsistent” with the constitution of Kenya.

He was referring to Section 204 of the Penal Code, which states that that anyone found guilty of committing murder, treason and armed robbery shall be sentenced to death.

While abolishing the mandatory death penalty, Ndungu said: “The mandatory nature of the death sentence as provided under Section 204 of the Penal Code, is hereby declared unconstitutional.”

The ruling by the top court in Kenya came after Wilson Mwangi and Francis Karioko both death row convicts filed a petition to the court questioning the legality of the mandatory death penalty for the crimes such as murder, treason and armed robbery.

Meanwhile, Oluwatosin Popoola, Amnesty International’s adviser on the death penalty, appreciated the judgment.

“This landmark judgment is a significant step towards complete abolition of the ultimate cruel and inhumane form of punishment,” Popoola said.

“It’s now time for the Kenyan authorities to take the required legal steps to abolish the death penalty fully and join the 105 countries that have completely consigned the punishment to history.”

No person has been executed in Kenya since 1987 despite many being handed the death penalties.