Kenya’s Death Penalty and the Call for Abolition

Despite not executing in over 35 years, Kenya retains the death penalty on its books.

This article examines the reasons behind the growing momentum for the abolition of the death penalty in Kenya. Lack of public awareness seems to be the primary reason for the persistence of the death penalty. While a majority of Kenyans are unaware of the absence of executions, a significant number (over 100 annually) are still sentenced to death, primarily for murder and violent robbery. These sentences are routinely commuted, with mass commutations occurring in 2009 and 2016. However, the shadow of potential execution hangs over those on death row, creating a psychological burden recognized internationally as cruel and unusual punishment.

There are strong arguments for abolishing the death penalty in Kenya. International legal precedents and the views of influential Kenyans, including legal scholars and human rights advocates, all favour abolition. Public opinion research suggests that while a slight majority currently supports the death penalty, this support weakens when presented with specific scenarios. Furthermore, many opinion leaders such as religious figures and government officials would actively support abolition efforts.

The path towards abolition remains to be determined. Legal law is likely to be amended, but a multi-pronged strategy involving the courts, religious institutions, and the government is also recommended. Additionally, Kenya could consider signing the international protocol on abolishing the death penalty. With public opposition minimal and influential figures actively supportive, Kenya appears poised to join the growing number of African nations that have abandoned this outdated practice.

The recent announcements by Zambia and the Central African Republic to abolish the death penalty add to a growing trend in Africa. Within the African Union, 22 member states have completely abolished capital punishment, while another has abolished it for most crimes. This movement stands in contrast to 2021 when only four AU countries carried out executions. Kenya itself falls into the category of “de facto abolitionist” nations, having not executed anyone since 1987. However, the death penalty remains on the books, a vestige of the past.

Efforts have been made to limit its use, with the 2017 Supreme Court decision removing mandatory death sentences for murder. Judges now have the discretion to impose alternative punishments. Despite these changes, death sentences are still handed down, with over 600 individuals currently on death row. This raises concerns about the psychological toll on those facing potential execution, even if it hasn’t been carried out in decades.

The Kenyan government, like many others that retain the death penalty, often cites public support as a justification. Parliament has twice rejected bills proposing abolition, citing public opinion. However, the question remains whether public perception is fully informed.