Supreme Court of Kenya in Nairobi

ICJ KENYA WELCOMES PARLIAMENTARY REVIEW OF DEATH PENALTY AS CRUCIAL

February 17, 2025:

The International Commission of Jurists (ICJ) Kenya has praised the formation of a Parliamentary Task Force to review the country’s death penalty laws, calling it a crucial step in justice reform, Capitalfm website reported on February 13, 2025.
Parliament will establish the task force to engage key stakeholders, including the judiciary, security agencies, and human rights groups.
It will also conduct public hearings and consultations on the issue.
During a recent engagement with the Justice and Legal Affairs Committee (JLAC), ICJ Kenya reaffirmed its commitment to advocating for the abolition of the death penalty.
“Continuing our efforts to support the abolition of the death penalty, we initiated a meaningful discussion with JLAC on its global context,” ICJ Kenya stated.
ICJ Kenya Chairperson Protas Saende emphasized the significance of this initiative:
“Abolishing the death penalty marks a major milestone for Kenya. This is not just a legal exercise; it is a moral imperative and a human rights obligation.”
He urged Parliament to move swiftly in reviewing and enacting the necessary legal reforms.
“We call on all stakeholders to collaborate in this crucial effort and urge Parliament, particularly JLAC, to expedite the review and enactment of the Penal Code (Amendment) Bills aimed at abolishing the death penalty,” he said.
This initiative follows the 2017 Supreme Court ruling in the Muruatetu case, which declared the mandatory death penalty under Section 204 of the Penal Code unconstitutional.
In response, then-Attorney General Githu Muigai appointed a 13-member task force in 2018 to review the legislative framework on the death penalty and establish re-sentencing guidelines for death row inmates.
Although Kenya has maintained a moratorium on executions since 1987, human rights advocates continue to push for complete abolition.
They argue that replacing capital punishment with life imprisonment would align Kenya’s justice system with international human rights standards and emphasize rehabilitation over retribution.
Momentum for legislative change has grown following the adoption of the Penal Code (Amendment) Bill by the Justice and Legal Affairs Committee in the National Assembly.
Initially sponsored by former Minority Leader Opiyo Wandayi, the bill proposes deleting references to the death penalty in the Penal Code and replacing them with life imprisonment.
With the formation of the new Parliamentary Task Force, stakeholders express renewed optimism that Kenya is moving closer to abolishing the death penalty and embracing a justice system focused on rehabilitation and human rights.