The Preservation of Public Security (Amendment) Bill, 2023 has been published pending introduction in the National Assembly for first reading.
“The proposed object of the Bill is to abolish the death penalty and the imposition of a death sentence in relation to offences related to the preservation of public security,” the Bill states.
The death penalty was abolished with the promulgation of the Constitution 2010 leaving life imprisonment as the highest form of punishment for lawbreakers.
However, the punishment is still provided for in Section 7 of the principal Act.
“Abolishing the death penalty is aimed at preserving the fundamental right to life as guaranteed under Article 26 of the Constitution of Kenya, 2010,” the Bill reads.
Consequently, the Bill amends the section to harmonise with Article 26 (1) of the Constitution which provides for the right to life.
“…. make provision for the apprehension and punishment of persons offending against the regulations, for the imposition of penalties including the forfeiture of any property connected in any way with any offence,” the Bill states.
The amendment also seeks to be in line with the Supreme Court decision in the case of Francis Karioko versus the Republic of Kenya, which declared the death sentence unconstitutional.
In its ruling, Supreme Court judge Njoki Ndung'u held that mandatory death penalty is “inconsistent” with the Constitution.
“The mandatory nature of the death sentences as provided under Section 204 of the Penal Code, is hereby, declared unconstitutional,” she said.
Wandayi says in the Bill that it will put an end to cruel, inhuman and degrading treatment and punishment of condemned persons occasioned by death penalty and the psychological trauma brought about by death sentences.
The proposed legislation further ensures the country’s compliance with Kenya’s commitment under the Second Optional Protocol to the International Covenant on Civil and Political Rights on the abolition of the death penalty.
The last known execution was carried out decades ago in the case of Hezekiah Ochuka and Pancras Oteyo.
