Ruto reduces death sentence on capital offenders to life sentence

In a gazette notice dated July 19, 2023, the conviction rule was softened following a recommendation from the Advisory Committee on the Power of Mercy chaired by Attorney General Justin Muturi.

The Power of Mercy Act 2011, as enshrined in Article 133 of the Constitution of Kenya, allows the President to exercise the power of mercy in accordance with the advice of the Advisory Committee established under the clause granting a free or conditional pardon to a person convicted of an offence.

The President can also postpone the carrying out of a punishment, either for a specified or indefinite period, substitute a less severe form of punishment or remit all or part of a punishment.

The Power of Mercy committee is comprised of the AG, the Cabinet Secretary (CS) responsible for correctional services and at least five other members as prescribed by an Act of Parliament, none of whom may be a State officer or in public service.

Despite a declaration by the Supreme Court in 2017 that the mandatory death penalty for murder is unconstitutional, the courts still handed down death sentences. By the end of 2021, there were 601 people on death row and 14 death sentences had been passed that year.

In 2007 and 2015 the Kenyan parliament voted against the abolition of the death penalty (when bills were initiated by individual lawmakers, but rejected by parliament). 

Kenya is among seventeen African countries which are considered “de facto abolitionist” states, meaning that they have not carried out an execution in 10 years. 

The death penalty, mainly by hanging, is a British colonial relic. 

This sentence can be handed down for the crimes of murder, other offences resulting in death, robbery not resulting in death and treason. 

Kenya hasn’t carried out an execution since 1987, when Hezekiah Ochuka and Pancras Oteyo Okumu were executed for their role in the failed attempt to overthrow President Daniel arap Moi in 1982.

However, the Court of Appeal in July 2023 declared life sentence unconstitutional. 

Judges Pauline Nyamweya, Jessie Lesiit and George Odunga unanimously ruled that it is unfair to outlaw mandatory death sentences, only to order a person to remain behind bars until they die.