Kenya Human Rights Commission Calls for Total Abolition of the Death Penalty

By Samuel Ouma

The Kenya Human Rights Commission (KHRC) has renewed its call for the complete abolition of the death penalty, arguing that it has no place in a fair and human society.

The organization is urging Parliament to take bold steps by passing the Penal Code (Amendment) Bill, which aims to replace the death sentence with life imprisonment.

In a statement, the KHRC said that the death penalty does not deter crime or provide true justice. Instead, it only perpetuates cycles of violence and robs individuals of the chance for redemption.

“The death penalty protects no one. It does not deter crime or deliver justice. It fuels cycles of violence and denies people the possibility of redemption,” the Commission asserted.

While Kenya hasn't executed anyone in nearly forty years, the death penalty is still on the books for serious crimes like murder, robbery with violence, treason, and mutiny.

 A study from the University of Oxford, referenced by the KHRC, found that Kenya keeps this punishment “out of habit, convenience, and inertia, not because it’s effective.”

There’s been a growing push for reform since the landmark 2017 Supreme Court ruling in Muruatetu v Republic of Kenya, which deemed the mandatory death penalty unconstitutional and restored judges' discretion in sentencing.

The KHRC believes that Parliament now has a chance to finish what the courts started. The proposed Penal Code (Amendment) Bill, introduced by former MP Opiyo Wandayi and supported by the Justice and Legal Affairs Committee, seeks to remove the term “death” from key sections of the law and replace it with “life imprisonment.”

If this bill is passed, Kenya would join 26 other African countries that have abolished the death penalty, marking a significant move towards aligning the nation’s justice system with human rights values.

“This is Parliament’s moment to finish what the courts began,” the KHRC added.