• It says a lot needs to be done to change the punitive code that had caused unfairness in the legal field.
Image: CLAUSE MASIKA
A civil society, Kituo Cha Sheria has called on the state to consider reviewing the penal code on the death penalty saying that it is punitive and outdated.
Through Annette Mbogoh it’s executive Director, it called on various stakeholders to put their efforts and resources together in advocating for the abolishment of the death penalty in Kenya.
“By us coming together we shall create a fair ground for everyone and it will be the only way to ensure that the rule of law is abided by in Kenya,” she said.
They were speaking at a Nairobi hotel where various stakeholders converged to discus the same.
She urged the Legislatures to ensure that the amendment from the state law office should make sure that the sentence is done away with.
Murugara George Gitonga, the Justice and Legal Affairs (JLAC) affirmed his commitment to a serious legislative agenda and reforms in line with the Judgement of Francis Muruatetu.
He pointed out that given the guidance offered by the court, the state will abide by everything on the death penalty implemented.
He said that the state was willing to support access to justice by ensuring that they affect the legal aid fund which is established in the legal aid act of 2016.
Samson Omondi from KNCHR urged the government to move with speed to ensure the amendment is done.
“I urge the government to work hard and make sure that the amendment proposed is achieved,” he said.
Mlako Mwero, a paralegal attached to Wema Justice Centre in Mombasa called on the Members of the National Assembly to fast-track the amendments and clear the confusion around sentencing, and unconstitutional convictions.
He gave his personal testimony on how he lived at Shimo La Tewa prisons for over 20 years, and only managed to leave the prison upon petitioning the Court.
His petition was successful because he relied on the authority of Francis Muruatetu.
Zedekiah Adika, a project officer and a lawyer urged the attorney General to fast-ruck the recommendations saying that the act was unfair to innocent people.
“For instance, a person who has been charged with attempted robbery will be sentenced to death like a person charged with terrorism or any other criminal offences, this is very unfortunate,” he said.
Nelius Njuguna said that sometimes an individual may be convicted to death wrongly but it will be too late to undo the same.