Nairobi — Chief Justice Martha Koome has presented two bills to Parliament, the Penal Code (Amendment) Bill 2023 and the Criminal Procedure Code (Amendment) 2023 in a move to reform Kenya's criminal justice system.
The proposed legislation aims to reduce sentences for individuals facing life imprisonment, particularly those convicted of capital offenses to 30 years.
Under the current Kenyan law, which was drafted in the 1930s, individuals found guilty of murder, robbery with violence, or treason can face the death penalty.
Further the Bill seeks to cascade the offences of murder and robbery in order to ensure commensurate punishment for the different offences and to amend the provisions relating to mandatory death penalty in compliance with the judgements of the High Court on the prevailing human rights standards.
"Sentence of death shall not be pronounced on or recorded against any person convicted of an offence if it appears to the court that at the time when the offence was committed he was under the age of eighteen years, but in lieu thereof the court shall sentence such person to be detained during the President's pleasure, and if so sentenced he shall be liable to be detained in The Penal Code (Amendment) Bill, 2023," reads the proposed Bill in part.
The primary objective of these bills is to amend the Penal Code to incorporate language that aligns with human rights standards, particularly with regard to individuals with intellectual and psychosocial disabilities.
In the proposal Koome wants parliament to approve a change to Section 112A of the Penal Code in subsection (4) that replaces the word "manslaughter" with the words "second-degree murder."
It also aims to remove the subjection of children sentenced in lieu of death penalty from detention at the President's pleasure.
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She also wants Sections 220 and 222 amended to remove the words "for life" and replace them with "for a period not exceeding thirty years."
She also wants section 203 repealed and replaced with new guidelines on the degrees of murder.
The Bill also seeks to amend the Penal Code to protect intersex people who are involved in the criminal justice system.
It also seeks to shift the burden of proof for the offences of incitement to violence and disobedience from the accused person to the prosecution; and to repeal petty offences.
On July 25, President William Ruto commuted death sentences imposed before November 22, 2022 to life imprisonment.
Through a gazette notice, the head of state made the decision following the recommendation by the power of mercy advisory committee.
According to Attorney General Justin Muturi, the directive would apply to all convicts sentenced to death as of November 21, 2022.
"It is notified for the general information of the public that in the exercise of the powers conferred by Article 133 of the Constitution of Kenya and section 23 (1) of the Power of Mercy Act, 2011, the President and Commander-in-Chief of the Defence Forces of the Republic of Kenya, commuted the death sentence imposed on every capital offender as at November 21, 2022, to a life sentence," the notice stated.
President Ruto's directive is in line with Article 133 of the 2010 Constitution, which also gives the Head of State powers to grant a free or conditional pardon to a person convicted of an offence.
Kenya last effected the death sentence in 1987 when Hezekiah Ochuka was hanged after being charged with treason over the 1982 coup attempt.
