Difference Between Death Sentence and Life Imprisonment in Kenya

Joseph Kuria Irungu, also known as Jowie, was found guilty of murder. Justice Grace Nzioka’s final decision on the case was a death sentence for Jowie.

 “I therefore order that the first accused person Joseph Irungu, shall suffer death as provided for the offence of murder under section 204 of the penal code of Kenya unless that sentence is set aside by a court of competent jurisdiction,” she gave the final verdict.

What is Jowie’s fate? Placing it into a legal context, a death sentence means that Jowie will be confined to prison for the rest of his life, just as a life imprisonment.

This is after the Supreme Court of Kenya, in December 2017, declared the death penalty unconstitutional.

The execution of a human life in Kenya after receiving the death penalty is deemed unlawful and a violation of the convict’s human rights.

In contrast, with life imprisonment, a convict may have the opportunity for pardon, parole release, or a reduced term if they demonstrate good behavior while serving their prison sentence. Prisoners serving death sentences do not get to enjoy these.

Furthermore, convicts sentenced to life in prison are not allowed to work or engage in other meaningful activities like other inmates. They are often isolated from other prisoners and housed separately in different areas.

History of the Death Penalty in Kenya

The death penalty has a long and complex history in Kenya, deeply rooted in the colonial era. Introduced by the British colonial government, capital punishment was implemented to suppress dissent and maintain control. During the Mau Mau uprising in the 1950s, thousands of Kenyans were executed or sentenced to death for participating in the liberation struggle. This punitive measure was often applied arbitrarily, and its legacy continued post-independence.

After Kenya gained independence in 1963, the death penalty remained in the Penal Code as the ultimate punishment for certain crimes. Despite calls for its abolition, the Kenyan government continued to use it sparingly, reflecting a global trend toward reduced application of capital punishment.

The 2010 Kenyan Constitution upheld the death penalty but introduced significant reforms. It emphasized human rights, including the dignity of all persons, which has fueled debates about the morality and effectiveness of the death penalty. Over the years, there has been growing momentum toward abolishing the death penalty, with civil society, international organizations, and some lawmakers advocating for its removal from Kenyan law.

Difference Between Death Sentence and Life Imprisonment in Kenya

A death sentence and life imprisonment are both severe punishments, but they differ significantly in their application and implications:

1. Death Sentence:
   • A death sentence involves a judicial ruling where an individual is sentenced to execution for committing a capital offense. The mode of execution historically used in Kenya is hanging.
   • Although courts continue to issue death sentences for crimes such as murder, treason, and robbery with violence, Kenya has maintained a de facto moratorium on executions since 1987.
   • Individuals sentenced to death often spend years or even decades on death row, awaiting either execution or a commutation of their sentence.
2. Life Imprisonment:
   • Life imprisonment refers to a sentence where the convicted person is required to spend the rest of their natural life in prison.
   • In Kenya, “life imprisonment” has been interpreted variably. In some cases, it has been equated to a determinate period, such as 20 or 30 years; in others, it means imprisonment for the convict’s entire life.
   • Unlike the death sentence, life imprisonment allows the possibility of rehabilitation and, in some cases, parole or presidential pardon.

Last Execution in Kenya

The last known execution in Kenya took place in 1987. Hezekiah Ochuka and Pancras Oteyo Okumu, military officers involved in a failed coup attempt against President Daniel Arap Moi’s government in 1982, were executed by hanging.

Since then, Kenya has maintained a moratorium on executions, meaning that while courts may still issue death sentences, they are not carried out.

This moratorium aligns with international trends advocating for the abolition of capital punishment. In 2009, then-President Mwai Kibaki commuted the death sentences of over 4,000 death row inmates to life imprisonment, signaling a shift in the country’s approach to capital punishment.

Capital Offenses in Kenya

Capital offenses in Kenya are crimes that are punishable by the death penalty under the Penal Code. These offenses include:

1. Murder (Section 203 and 204 of the Penal Code):
   • The intentional and unlawful killing of another person is one of the most common capital offenses.
2. Treason (Section 40 of the Penal Code):
   • Acts intended to overthrow the government or harm the President are classified as treason and are punishable by death.
3. Robbery with Violence (Section 296(2) of the Penal Code):
   • Robbery with violence or the use of lethal weapons during a robbery is a capital offense. It remains controversial in Kenya’s criminal justice system due to its broad application.
4. Administering Oaths to Commit a Capital Offense (Section 60 of the Penal Code):
   • Inducing another person to take an oath to commit a capital offense, such as treason or murder, also carries the death penalty.

While these laws remain on the books, Kenya’s adherence to the death penalty has waned. With no executions since 1987 and ongoing debates about its relevance, the future of capital punishment in Kenya remains uncertain. Advocacy for its abolition continues to grow, with human rights organizations highlighting its ineffectiveness as a deterrent and its incompatibility with modern justice systems.

'Want to send us a story? Submit to NAIROBIminiBLOGGERS via our Email nairobiminiblogger@gmail.com'