Renewed Call for Abolishing the Death Penalty in Kenya
NAIROBI, Kenya – The International Commission of Jurists (ICJ) Kenya Section has reinvigorated its campaign to eliminate the death penalty not only in Kenya but throughout Africa as a whole.
Protas Saende, chairperson of ICJ-Kenya, asserted that the fight against capital punishment transcends legal and political boundaries; it is fundamentally a moral necessity.
“In our pursuit of justice, it is crucial to dismantle misconceptions surrounding capital punishment, especially the belief that it enhances public safety,” he stated. He emphasized that justice should be rooted in human dignity and focused on rehabilitating offenders rather than seeking retribution.
“Let us recommit ourselves today to building a Kenyan legal system that embodies principles of humanity, equity, and fairness,” he added during an event commemorating World Day Against the Death Penalty at Sarova Panafric Hotel in Nairobi.
The occasion was attended by distinguished guests from the judiciary, including Justice John Mativo from the Court of Appeal, various civil society leaders, and numerous legal professionals.
Observed every October 14th globally, World Day Against the Death Penalty aims to raise awareness about capital punishment among both legislative representatives and citizens across nations that do or do not implement this practice.
For 2024–2025 observances will emphasize questioning whether capital punishment genuinely enhances safety for individuals and communities.
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End the Cycle: Why Abolishing the Death Penalty is Essential for Justice
The Ethical Argument Against the Death Penalty
The ethical implications of the death penalty are profound. Abolishing it aligns with human rights principles that affirm the value of every human life. Key ethical considerations include:
- Right to Life: Every individual has an inherent right to life, and the state should not take on the role of executioner.
- Moral Responsibility: Society has a moral obligation to seek justice, not revenge.
- Potential for Redemption: Every person has the potential for change and rehabilitation.
The Flaws of the Justice System: Wrongful Convictions
Studies indicate that the justice system is not infallible. The risk of executing an innocent person is a critical argument for abolishing the death penalty:
- Exoneration Rates: Since 1973, over 190 people on death row have been exonerated in the United States.
- Racial and Economic Bias
While Kenya has not executed anyone since 1987—a fact which indicates its de facto abolition—the death penalty remains codified within its criminal laws for serious crimes such as murder and treason.
Saende highlighted several developments within Kenyan law signaling a shift towards abolishment. He referenced a landmark ruling from December 2017 by the Supreme Court in Muratetu v Republic of Kenya where mandatorily imposing death sentences was deemed unconstitutional. This significant decision has allowed courts greater discretion concerning sentencing options regarding capital offenses.
He mentioned growing momentum around campaigns advocating for total abolishment of this punitive measure in Kenya. Recently introduced is an amendment to the Penal Code advocated by Hon Wandayi from Parliament’s Minority Party. This proposed legislation seeks to revise sections related to severe penalties by replacing terms associated with ‘death’ with ’life imprisonment’.
“If successful,” Saende remarked,“Kenya could join 26 other African nations such as Cape Verde and Ghana that have legally abandoned this form of punishment.”
A lingering question arises: why does Kenya persist with retaining laws on execution despite not carrying out any executions for more than three decades?
Saende referred to research conducted by Oxford University which suggests that practices like maintaining the death penalty are perpetuated more out of historical inertia than through informed analyses regarding their efficacy or public support.
This content originally appeared in The Star.
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