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A ruling by a three-judge bench led by Deputy Chief Justice Philomena Mwilu, Justice Njoki Ndung’u and Justice Jacton Ojwang pronounced mandatory death penalties for capital offenses unconstitutional.
The Supreme Court on December 14 quoted Section 204 of the Penal Code, which states that mandatory death sentences are detrimental. The ruling, however, does not affect the validity of the death sentence.
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