Chief Justice Martha Koome is championing a new legal reform aimed at reducing the ‘life imprisonment’ sentence to a maximum of 30 years.
The proposed amendments, comprising the Penal Code (Amendment) Bill 2023 and the Criminal Procedure Code (Amendment) 2023, are intended to address penalties for capital offenders, including those convicted of murder and sex offenses.
Kenya’s existing legal framework, which dates back to the 1930s during British colonial rule, allows for the imposition of the death penalty for various serious crimes, such as murder, robbery with violence, and treason.
Under the proposed changes, Chief Justice Koome seeks to amend Section 112A of the Penal Code, replacing the term “manslaughter” with “second-degree murder.” These modifications mainly focus on Section 4 of the Penal Code, known as the “principal act.”
The suggested revisions entail the deletion of several sections, including sections 66, 153, 154, 155, 171, 173, 182, 191, 192, 193, 194, 195, 196, 197, 198, 199, and 200. Additionally, Sections 220 and 222 are slated for amendment, replacing the phrase “for life” with “for a period not exceeding thirty years.” Furthermore, Section 203 is marked for repeal, to be replaced with new guidelines classifying degrees of murder.
Chief Justice Koome emphasizes that the proposed amendments aim to introduce human-rights-friendly language into the Penal Code, particularly concerning individuals with intellectual and psychosocial disabilities.
“…any arson, treason, escape, murder, kidnapping, abduction, torture, injury by explosive substances, terrorist act, espionage, sabotage, intimidation, molestation, sexual offence, child abuse, housebreaking, burglary, or robbery,” she said.
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The revisions also seek to eliminate the practice of detaining children sentenced in lieu of the death penalty at the President’s discretion.
The burden of proof for offenses like incitement to violence and disobedience would shift from the accused to the prosecution, and petty offenses would be repealed under these proposed changes.
The bill also includes provisions designed to safeguard the rights of intersex individuals involved in the criminal justice system.
The Criminal Procedure Code (Amendment) 2023 Bill aims to align the Criminal Procedure Code with the provisions of the 2015 Magistrate’s Courts Act, review provisions governing the transfer of cases between magistrates, shorten the operational period for suspended sentences, and repeal all provisions related to security for peacekeeping and good behavior.
