Kenya Death Penalty Reforms

Certainly! Here's a more detailed explanation:
In the landmark case of Francis Karioko Muruatetu & Another v Republic (*), the Supreme Court of Kenya took a significant step in reforming the country's approach to capital punishment. The Court's decision was rooted in the Constitution of Kenya, *, which upholds fundamental rights and freedoms.
Constitutional Reasoning of the Supreme Court:
a. Violation of the Right to a Fair Trial: The Court found that the mandatory death penalty violated the right to a fair trial as enshrined in the Constitution. By mandating a death sentence for murder without allowing judges to consider individual circumstances, the law denied the accused the right to present mitigating factors. This lack of judicial discretion in sentencing was deemed to infringe upon the right to a fair hearing and the dignity of the individual.
b. Right to Dignity: The Constitution guarantees the right to dignity for every individual. By imposing a mandatory death sentence, the law failed to respect the inherent dignity of the accused, as it did not allow for a nuanced and individualized consideration of each case.
c. Judicial Discretion: The Court emphasized the importance of judicial discretion in sentencing. It argued that judges should have the ability to tailor sentences based on the specific details and circumstances of each case, thus ensuring that justice is served on a case-by-case basis.
Impact on the Death Penalty in Kenya:
b. Retaining the Death Penalty: While the judgment declared the mandatory nature of the death penalty unconstitutional, it did not abolish the death penalty itself. The death penalty remains a legal form of punishment in Kenya's legal framework. However, the decision has transformed its application by granting judges the discretion to impose alternative sentences based on the context and details of each case.
Constitutional and Judicial Balance:
The Court's decision reflects a balance between upholding constitutional rights and maintaining the legal framework that allows for the death penalty under specific circumstances. The ruling aligns with international human rights standards by promoting fair trial rights, judicial discretion, and the dignity of individuals facing capital punishment.
In summary, the Muruatetu case marked a pivotal moment in Kenya's legal history by reinforcing the principles of fairness, dignity, and judicial independence, while still retaining the death penalty as a legal option. The judgment encourages continued dialogue and reform regarding the application of capital punishment within the country's judicial system.