Section 204 of the penal code📖 states that any person found guilty of murder, robbery with violence, treason and other capital offences shall be sentenced to death by hanging.
But Justice Njoki Ndung'u said the section "is out of sync and cannot stand as it is inconsistent with the constitution". The Court made the landmark ruling on Thursday after a petition📝 by 2⃣ death row convicts Francis Murwatetu and Wilson Thrombus.
It sent the petitioners back to the High Court for another hearing on sentence on priority basis.
The apex court judges further directed the Attorney General, the Director of Public Prosecution and other agencies to prepare a detailed professional review of cases regarding sentencing. They ordered that the judgement be placed before the National Assembly speaker for necessary amendments to the law.
Although death sentences are frequently handed down, the last time a convict was hanged was July 1987, when ✈Kenya Air Force senior private Hezekiah Ochuka was hanged for the 1982 coup attempt.
Readers may remember that earlier this year the Court of Appeal unanimously held that mandatory death sentences are unconstitutional as they violate the right to life and inflicts inhuman punishment.
To read full article - http://v.duta.us/4Qu0PwAA