Death row ruling sets stage for reviews

The Supreme Court pronounced itself on the controversial automatic hanging of murder convicts, partly bringing an end to a debate that has raged for decades. The landmark ruling evoked memories of some of Kenya’s historic hangings, including that of Hezekiah Ochuka who was found guilty of plotting the 1982 aborted coup against President Moi. He was hanged in 1987.

The ruling by the highest court in the land declared Section 204 of the Penal Code unconstitutional. This means that some inmates could, after all, walk to freedom if the substituted jail term is equivalent to or lesser than the time they have spent behind bars.

It also means more than 2,500 prisoners awaiting the hangman’s noose would have to be sentenced afresh. The judges ordered that death row prisoners appear before the High Court for fresh sentencing.

Without prejudice to aggrieved families who may have preferred that the harsh punishment be meted out on murder convicts, we believe the ruling was long overdue, given that the death penalty goes against the Bill of Rights.

In many countries including the United Kingdom, Germany and France, life is always sacrosanct. We believe countries such as ours should be re-angling their laws to reflect the very basic tenets of human rights and freedoms. The Thursday ruling sets the stage for us to continue reviewing our legal structures with diligence and respect to the local and international law. It can never be too late to get it right as a republic.