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KENYA: MANDATORY DEATH SENTENCE NOW UNCONSTITUTIONAL

December 14, 2017:

Mandatory death sentence is no longer lawful in Kenya. This is after the Supreme Court on December 14 declared Section 204 of the Penal Code, which stipulates mandatory death sentence, as unconstitutional.
However, the top court specified that this decision does not affect validity of the death sentence.
The decision means death sentence is still lawful but not mandatory.
Murder and robbery with violence are the offences in the Kenyan criminal law that attract a death penalty.
The top court judges directed the Attorney-General, the Director of Public Prosecutions and other relevant agencies to prepare a detailed professional review of all murder and robbery with violence cases similar as pertains sentencing.
They also ordered that a copy of the judgment be forwarded to Speakers of Parliament and the National Council for Law Reporting to give way forward for any necessary amendments to death sentence.
The judges also ordered that the two Kenyans who filed the suit should have a priority hearing before the High Court and be freshly sentenced.
Death row convicts Francis Karioko Muruatetu and Wilson Thirimbu Mwangi, who have been in jail for the last 14 years, filed the case.
They asked the apex court to scrap mandatory death penalty from the Kenyan law.
The duo were convicted alongside five others— including the wife of former Lands Commissioner Wilson Gachanja for the murder of businessman Lawrence Githinji Magondu.

(Sources: Daily Nation, 14/12/2017)

TANZANIA: MAGUFULI GRANTS PRESIDENTIAL AMNESTY TO 61 DEATH ROW INMATES
IRAQ: DIYALA COURT SENTENCES IS MEMBER TO DEATH OVER ASSISTING SUICIDE ATTACKERS IN BLASTS
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JORDAN: MAN SENTENCED TO DEATH FOR DOUBLE MURDER
ILLINOIS (USA): GABRIEL SOLACHE EXONERATED
INDONESIA COURT COMMUTES DEATH PENALTY FOR EX-PRIEST
MALAYSIA: TWO NIGERIAN STUDENTS SENTENCED TO DEATH FOR DRUGS TRAFFICKING
IRAN: EIGHT INMATES EXECUTED AT RAJAII SHAHR PRISON OF KARAJ
VIRGINIA (USA): JOSEPH GIARRATANO LEAVES THE PRISON
SOMALIA: ALSHABAAB BEHEADS THREE PEOPLE IN BAKOL REGION
JAPAN HANGS 2 INMATES; FIRST EXECUTIONS SINCE JULY
IRAN: ANOTHER WOMEN SENTENCED TO DEATH FOR ADULTERY IN TEHRAN
ARIZONA ENDS DEATH-ROW SOLITARY CONFINEMENT
CHINA: THOUSANDS WATCH AS 10 PEOPLE SENTENCED TO DEATH IN SPORT STADIUM
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EGYPT: MILITARY COURT ISSUES 14 DEATH SENTENCES
GENERAL MOTION OF THE 7TH CONGRESS OF HANDS OFF CAIN
KURDISH PARLIAMENT ISSUES AMNESTY: CONVICTS ON DEATH ROW GET 15 YEARS IN PRISON
DPIC 2017 YEAR END REPORT: DEATH SENTENCES, EXECUTIONS AT NEAR-HISTORIC LOWS
IRAQ HANGS 38 SUNNI MILITANTS IN MASS EXECUTION: JUSTICE MINISTRY
IRAN: TWO PRISONERS HANGED FOR MURDER
EGYPT: COURT UPHOLDS DEATH SENTENCE AGAINST 3 FOR KILLING JUDGE’S SON
ARKANSAS (USA): FORMER DEATH ROW INMATE TIMOTHY HOWARD RELEASED
USA: REPORT, DETERRENCE IS BASED ON CERTAINTY OF APPREHENSION, NOT SEVERITY OF PUNISHMENT
IRAN: HANDS OFF CAIN, APPEAL TO GOVERNMENT TO STOP THE EXECUTION OF DJALALI
TAMIL NADU (INDIA): 6 SENTENCED TO DEATH IN SUSPECTED HONOUR KILLING OF DALIT MAN
BANGLADESH: FOUR TO DIE FOR KILLING AUTO-RICKSHAW DRIVER

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