Essay On Death Penalty In Kenya
University Of Nairobi
Terry Kavuli – G34/31137/2015
[legal research and writting]
An analysis of the concept and use of the death penalty in various jurisdictions over the years especially Kenya and the jurisprudence behind the same, its origin, history and how it has come to change; It will also analyze why people are with or against it, the effects it poses on society and whether it should be scrapped off from the law or not.
Death penalty/capital punishment is a punishment that makes a person or entity ineligible to participate in an activity that the person or entity previously participated in._ The term ‘capital’ originates from the Latin word ‘capitalist’ literary regarding the head referring to execution …show more content…
The relatively high rate of mercy resulted in only 459 executions excluding Mau-Mau related crimes in 48 years, between, 1908 and 1956._ In the 20th century, the colonial government sparingly employed the death penalty for political crimes. For instance during the Mau Mau Emergency between 1952 and 1958, over the 1090 freedom fighters out of 2509 tried on capital charges were executed. Kenya inherited the death penalty, a relic of 19th century Britain on independence. Since then courts have committed thousands of convicts to die, but almost never sent all of them to the gallows with the last execution happening in …show more content…
In 2009 President Kibaki announced plans to abolish the death penalty after Uganda and Malawi decided to abolish it. He however refused to make a decision before a study is conducted on the deterrent effects of the death penalty. Kenya abstained from voting in both the 2007 and 2008 UN General Assembly Resolutions on the abolition of the death penalty.
Although Kenya has been a party to the International Convention on Civil and Political Rights (ICCPR) since 1972, it has neither signed nor ratified the Second Optional Protocol to the ICCPR aiming at the abolition of the death penalty (1989)_. In February 2010 Kenya told the United Nations Human Rights Council that the de facto moratorium on the use of the death penalty in Kenya would remain in place. No death sentence has been carried out in Kenya in the last 25 years. Six months later a landmark decision was made in the court of appeal terming it unconstitutional in that its application did not provide the individuals involved with the chance to mitigate their death sentences._ This landmark decision was given by the court in the case of Godfrey Ngotho Mutiso v Republic_ that ruled the death penalty as declared by section 204 of the penal code as being the only punishment for the crime of murder