Mandatory death sentence for robbery with violence unconstitutional, court rules

High Court declares mandatory death sentences for robbery with violence unconstitutional. [Courtesy]

The High Court has declared a section of the Penal Code which provides for a mandatory death sentence for anyone convicted of robbery with violence unconstitutional.

In another landmark judgment, which now changes how Kenya deals with armed robbers and those who terrorise others in gangs, Justice Kizito Magare said that Section 29 (2) denies the court an opportunity to weigh circumstances and the degree of harm before deciding what punishment to hand down.