A Judge from the Court of Appeal has joined fellow jurists in advocating for the complete abolition of the death penalty in Kenya, arguing that it is ineffective as a crime deterrent and contradicts human rights principles.
During the observance of the World Day Against the Death Penalty, Justice John Mativo pointed out the increasing global trend toward eliminating capital punishment.
He highlighted that numerous countries have ceased to carry out executions, even if they still maintain the death penalty in their legal frameworks.“It is fundamentally inhumane, degrading, and irreversible.
Most nations have abolished it entirely, and even those that have it legislated often refrain from carrying out executions,” Mativo remarked.
He referenced a pivotal 2017 ruling by Kenya’s Supreme Court that abolished the mandatory death sentence for murder, allowing convicted individuals the opportunity for resentencing.
However, he noted that this ruling does not extend to those convicted of robbery with violence.“This leaves a segment of offenders facing death sentences without the possibility of relief, as the current laws remain unchanged,” he explained.
Mativo expressed hope for legislative changes to abolish the death penalty completely. He also mentioned the hesitance of Kenyan presidents to sign death warrants, often leading to life sentences instead.“
This situation underscores the need for fixed prison terms rather than leaving individuals languishing in uncertainty, waiting for a death that is unlikely to occur.
We must recognize that the death penalty is cruel and inhumane,” he stated.
Despite a moratorium on executions in Kenya since 1987, advocates are urging the government to remove the death penalty from the legal code entirely.
Human rights organizations and international allies are challenging the government to adopt more rehabilitative and humane justice practices.
Demas Kiprono, Executive Director of the International Commission of Jurists (ICJ) Kenya, pointed out that there are currently 165 individuals on death row, including three women. Kiprono echoed Mativo’s call for the government to pursue total abolition of the death penalty.
“As a progressive nation with a constitution that prioritizes the right to life and freedom from torture, Kenya must recognize that the death penalty does not enhance safety or deter crime. We should align ourselves with global trends,” he stated.
He emphasized the necessity for a justice system that focuses on rehabilitation rather than retribution. “We stand on higher moral ground, advocating for rehabilitation. If individuals can reintegrate into society, they should be allowed to do so; otherwise, we must consider alternatives to the death penalty,” he added.
Julie Wayua Matheka, Programme Manager at ICJ Kenya, urged the government to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, which advocates for the abolition of the death penalty.“Now that Kenya is part of the human rights council, we hope to advance laws that align with international human rights treaties, ensuring Kenya is recognized as a leader in promoting human rights legislation,” she said.
Currently, the proposed Penal Code (Amendment), presented by former Minority Leader Opiyo Wandayi, has been adopted by the Justice and Legal Affairs Committee in the National Assembly.
This amendment seeks to revise the Penal Code by removing the term “death” and replacing it with “life imprisonment” in several sections.
Matheka expressed optimism about the upcoming debates on these proposed laws. She emphasized the need for public engagement in discussions surrounding the death penalty, encouraging Kenyans to critically assess its efficacy.
She also highlighted the social and economic factors that often lead individuals to death row, noting that ICJ Kenya has produced a publication examining the death penalty’s impact on women and families, especially regarding sexual and gender-based violence (SGBV).
The French Ambassador to Kenya, Arnaud Suquet, voiced his strong support for Kenya’s abolition efforts.
He noted that France abolished the death penalty 40 years ago and highlighted that the European Union is a death penalty-free zone.
Suquet emphasized that the EU views the abolition of the death penalty as a significant moral issue and a matter of effectiveness in governance.
“We all agree that abolishing the death penalty is both a moral necessity and an efficiency concern,” he remarked.
He expressed hope that Kenya would make strides in this area by the time France hosts the World Congress Against the Death Penalty in 2026.
If successful, Kenya would join 26 other African nations, including Cape Verde, Chad, Sierra Leone, Central African Republic, Ghana, and Zambia, which have abolished capital punishment.