Kenyans start giving views on death penalty

KISII, KENYA: Kenyans have started giving their views on death penalty with Kisii County hosting the first session.

The views are being collected in an ongoing national public debate which seeks to solicit views from Kenyans on the administration of capital punishment and management of capital offences.   

The public discussion being spearheaded by the Power of Mercy and Advisory Committee (POMAC) and National Crime Research Centre (NCRC) will be conducted in other five counties, in Nyanza region, within the next two weeks.  

 “We will first collect views from the members of the public and later prepare a cabinet paper to inform our final decision. So, for now we can’t say we want to abolish death penalty or not because we have not fully consulted the public,” said Attorney General Githu Muigai, Chairperson of POMAC on phone when contacted. 

POMAC secretary Mr. Michael Kagika says that his committee and NCRC will visit Kisii, Nyamira, Siaya, Migori, Homabay and Kisumu counties to  seek  views from  representatives of churches, youth, women, local leaders and other members of the public on the subject of capital offences and capital punishment. 

“The objective of the debate is to provide an open dialogue on what Kenyans want in regard to the handling of capital offenders and the management of capital offences,” said Mr. Kagika. 

He added the debate provides a platform for Kenyans to express their opinions on capital offences and what form of punishment capital offenders should be subjected to.  

The debate comes few days after the conclusion of the 6th World Congress against the death penalty held in Oslo, Norway. 

In past Universal Periodic Reviews at the United Nations Human Rights Council, Kagika explained Kenya had noted recommendations made to move towards abolition of the death penalty. “But as a country we have decided to continue debating the management of capital offences and administration of the death penalty before making a stance on the subject of abolition, retention or otherwise.” 

“Upon wide consultations with the members of public and all other segments of Kenyan society, the country's position on the handling of capital offences and capital punishment will be re-assessed within the established government framework,” he added.

Capital punishment was formally introduced into the Kenyan legal system by the British during the colonial era.

 

After independence in 1963, the country retained and continued to apply the capital penalty.  The last execution in Kenya was done on July 9, 1987 when Hezekiah Ochuka was executed for treason charges. 

Mr. Kagika observed that the ongoing debate seeks to guarantee that the position adopted by Kenya in the prevailing global debate on death penalty is informed by what the citizens themselves wish. 

Kenya has 118 penal institutions with a holding capacity of 26,000 inmates. But, currently the average prisoners’ population stands at 52,517 of who 32,300 are convicted inmates and 20,217 remands. The average female prisoner population is 3,617 with about 400 children accompanying their mothers in prisons.  

At present, there are 2,664 prisoners who have been handed the death sentence, 87 being female. Notably, of this number, it is only 272 inmates who have gone through the appeal process and the death penalty upheld. Another 4,285 prisoners are serving life imprisonment including 47 women.

From the debate, Mr. Kagika said POMAC will document findings of the public views and make appropriate recommendations.