Chief Justice Martha Koome has presented two bills to the Kenyan Parliament, seeking to overhaul the country’s criminal law and potentially end the death penalty for capital offenders that will grant Killers 30 years in prison instead of the death statement.
These bills, known as the Penal Code (Amendment) Bill 2023 and the Criminal Procedure Code (Amendment) Bill 2023, aim to introduce human rights-friendly language, protect vulnerable groups, and redefine the punishment for a range of offenses.
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The current Kenyan criminal law, established during British colonial rule in the 1930s, permits the death penalty for individuals found guilty of heinous crimes such as murder, robbery with violence, and treason.
![From left, police informer Peter Ngugi and Kenyan police officers Sylvia Wanjiku, Stephen Cheburet and Fredrick Leliman and Peter Ngugi in court for sentencing on 3 February 2023. [Photo/Getty Images] Killers](https://news.switchtv.ke/wp-content/uploads/2023/10/4256.webp)
One of the central proposals put forth by Chief Justice Koome is the replacement of the term “manslaughter” with “second-degree murder.” This change signifies a more nuanced approach to sentencing for different degrees of murder.
In her address to Parliament, Chief Justice Koome said, “Our primary goal with these bills is to align Kenya’s legal framework with international human rights standards. We aim to remove the subjection of children sentenced in lieu of the death penalty from detention at the President’s pleasure, shift the burden of proof for certain offenses, and repeal petty offenses.”
Under the proposed changes, murder would be categorized into three degrees: first-degree murder, second-degree murder, and third-degree murder.
Those found guilty of first-degree murder, characterized by acts of malice, premeditation, and heinous intent, may still face the death penalty. However, second-degree murder would carry a maximum sentence of life imprisonment.
Furthermore, new distinctions between first-degree and second-degree robbery are introduced. Offenders involved in violent robberies, injuries, or chemical attacks may face the death penalty, while those engaged in less severe crimes would be subject to life imprisonment.
These proposed changes mark the first comprehensive overhaul of Kenya’s criminal procedure code and penal code. Kenya’s current method of executing prisoners is by hanging, and the last hanging took place in 1987.
Since then, individuals sentenced to death have awaited natural death, and the Supreme Court declared the mandatory death sentence unconstitutional in a recent case, sparking a wave of sentences being reviewed.
The Court of Appeal also recently ruled that life and death sentences in Kenya are essentially the same, leading to questions about the fairness of keeping prisoners incarcerated for life without any possibility of release.
The bills will also remove the President’s power to determine the length of incarceration for mentally ill persons and minors, instead focusing on their rehabilitation and mental health.
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Additionally, the proposals seek to uphold the rights of intersex individuals within the criminal justice system.
Kenya’s Parliament now holds the key to deciding whether these far-reaching changes to the country’s legal system will be implemented.
The debate and discussion surrounding the bills are expected to be intense, reflecting the broader shift towards more progressive and rights-based criminal justice systems worldwide.
