Kenyan Court of Appeal rule mandatory death penalty 'unconstitutional'

On Friday the Court of Appeal in Kenya unanimously ruled that the mandatory death penalty for murder was unconstitutional. This judgment will save the lives of hundreds of prisoners on death row.

It was held that the automatic imposition of the death penalty violated the right to life, and amounted to inhuman punishment, as it provides no opportunity for a convicted individual to adduce evidence of mitigating circumstances. The Court also stated that the same reasoning would apply to other crimes currently bearing a mandatory death sentence, such as treason and robbery with violence.

A new set of judicial procedures will now be adopted to ensure that sentence hearings takes place, and the proper sentence in each case will be determined by a judge who has heard evidence in mitigation. Unfortunately the death penalty will remain the maximum sentence, to be imposed at the judge’s discretion. However, this landmark ruling will certainly restrict its scope and application, and it is hoped that it represents a significant step towards the abolition of the death penalty in Kenya altogether.