Analysis of the legality and impact of the death penalty in Kenya
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Date
2011-03
Authors
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Publisher
Kampala International University, School of Law
Abstract
The death penalty is associated with two fundamental human rights; the right to life and the
protection against cruel, inhuman and degrading treatment or punishment. This research sought
to establish whether the death penalty as practiced in Kenya conforms to comparative and
international human rights norms. It analyzed the legality of death penalty in Kenya with respect
to the right to life and its impact. The research was historical and was also based on the reports
and views of various scholars.
The major findings revealed that the death penalty is inhuman and degrading punishment that
is unacceptable both under international law and the domestic legislation in Kenya since it
offends the concept and the law on human rights and is inconsistent with the contemporary
trends in international criminal law. It is further manifested that the death penalty is not a
deterrent since murderers do not usually reflect much on the consequences of their actions before
acting. Also, that mandatory death sentencing is antithetical to the constitutional provisions on
protection against inhuman or degrading treatment or punishment and fair trial.
The major conclusion in this research was that the death penalty is not in consonance with the
letter and spirit of the Constitution of Kenya 2010.
The research recommended the need for Kenya to formalize its de facto moratorium by adopting
a de jure moratorium. In addition, legislative amendments are needed to suppress mandatory
death sentences and broaden the restriction on the imposition of the death penalty on the persons
with a mental deficiency, while addressing social and structural conditions of society to reduce
violent crimes.
Description
A dissertation submitted in partial fulfillment of the requirements for the award of the Degree of Bachelor of laws of Kampala International University
Keywords
Legality, Death penalty, Kenya