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The Justice and Legal Affairs Committee led by the Chairperson Hon. George Murugara (Tharaka) held a meeting with the Leader of the Minority Party Hon. Opiyo Wandayi (Ugunja) who appeared before the Committee with proposals for amendment to diffrent laws to abolish the death penalty.Β
Β Hon Wandayi'sΒ first proposal was on the Penal Code (Amendment) Bill, 2023, which seeks to amend the Penal Code, Cap 63; Sections 40 (3), 60, 204, 296 and 297; by deleting the word "death" and substituting with the words "life imprisonment".
Β "Abolishing the death penalty will help to preserve the fundamental right to life under Article 26 of the Constitution and put an end to cruel, inhuman and degrading treatment and punishment of condemned persons, occasioned by the enforcement of the death penalty. This will also stop the psychological trauma brought about by the death sentence," said Hon. Wandayi.
Further, heΒ stated that this will reflect the international commitment by Kenya to abolition of the death penalty in accordance with the current position of the Supreme Court, as pronounced in the case of Francis Muruatetu and another versus the Republic in 2017, which declared the mandatory death sentence unconstitutional.
On the Prisons (Amendment) Bill, 2023, the principal object is to amend the Prisons Act, Cap 90; to abolish the death penalty and the manner in which it is executed. The Bill cites Section 69 of Cap 90 of the Laws of Kenya which states that when a person is sentenced to death, he shall be hanged by the neck until he is dead.
Β Hon. Wandayi also presented the Legal Aid (Amendment) Bill, 2023, seeking to amend the Legal Aid Act, No. 6 of 2016. The Bill proposes to amend Section 43 by deleting subsection 4 of the Legal Aid Act, that provides for the provision of legal representation for accused persons charged with offences punishable by death.
The Chairperson of the Committee Hon. Murugara said the Committee will extensively look into all the Bills and prepare a detailed report which will be Tabled in the House for debate.
