By Kennedy Nalyanya
Ever wonder why Kenya hasn't executed anyone in decades, even though the death penalty is still on the books? It's a complex story, but one that shows a clear shift in how the country views capital punishment. While the law hasn't been completely changed, a series of key decisions have made Kenya a "de facto abolitionist" country.
The death penalty was first introduced to Kenya by the British colonial government in 1893. It was a tool of control, especially during tense periods like the Mau Mau uprising in the 1950s.
The last time an execution was carried out was in 1987. The two men executed were Hezekiah Ochuka and Pancras Okumu, who were leaders of a failed coup attempt in 1982.
Since 1987, Kenyan presidents have played a huge role in moving away from capital punishment. They've done this by using their power to commute, or change, death sentences to life imprisonment.
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2009: President Mwai Kibaki commuted the sentences of all 4,000 inmates on death row.
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2016: President Uhuru Kenyatta commuted the sentences of 2,747 death row inmates.
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2023: President William Ruto continued this trend, commuting the sentences of several hundred more.
The Kenyan judiciary has also been a major force for change. Through landmark rulings, they've challenged the way the death penalty is applied.
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2010: In the Mutiso v. Republic case, the Court of Appeal ruled that the mandatory death penalty for murder was unconstitutional. This ruling gave judges the discretion to consider individual circumstances when sentencing.
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2017: The Supreme Court went a step further in the case of Francis Karioko Muruatetu v. Republic. They declared the mandatory death sentence unconstitutional altogether, stating it violates a person's right to life and a fair trial.
Even with these significant steps, the death penalty is still a legal punishment for crimes like murder and treason. However, there's a growing push from human rights organizations and public discourse to formally abolish it. There are even bills in parliament right now aimed at making this change.
Kenya's journey shows that moving away from capital punishment can be a long process, driven by both official actions and a shift in a nation's conscience.
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