The Capital Offenders' Punishment and Death Sentence Dilemma In Kenya

Abstract

In May 2013, two robbers were sentenced to death by a Kiambu court despite of their plea for a motherly mercy to the lady magistrate who correctly informed them that Death sentence was the only punishment for convicted violent robbers (Daily Nation Newspaper 4/5/3013 pg 8). Again on 29/07/2013 a Lamu court sentenced a Mr Batito Kololo for murder and kidnap of British nationals (The Standard Newspaper 07/07/2013pg7). However, despite the fact that this mode of punishment is legal in Kenya according to the laws; therefore, several other offenders have been condemned by the courts throughout the country before and after the two cases mentioned above , execution in the country has not been conducted for about thirty years; making nonsense of the statutes, and subjecting such offenders to needless wait of anguish. Based on the theories of punishment, this paper looks at death sentence in detail, assesses Kenya’s dilemma and its’ effects, and recommends the way forward.