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Kitiba Institute files petition challenging laws criminalizing robbery with violence

Katiba Institute challenges the continued use of laws criminalizing robbery with violence as they’re unconstitutional.

On Tuesday, January 30, Katiba Institute (KI) filed a petition contesting the application of laws that make violent robbery and violent attempted robbery crimes.

In a statement to newsrooms, Katiba Institute argues that the laws which have been used in numerous convictions, were declared unconstitutional by the High Court over five years ago. 

KI further points out that the Attorney General was given a period of eighteen months to work with Parliament to change the legislation, but he did not fulfill this obligation. 

“The High Court had given the Attorney-General 18 months to collaborate with Parliament and other State organs to amend these laws. 

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Unfortunately, the State failed to take any corrective action and continued to enforce the laws as if the court’s decision had no bearing. The judgment became final and binding law in March 2018,” part of the statement by Katiba Institute reads. 

KI pointed out that more than ten thousand people have been convicted of offenses that no longer exist under Kenyan law due to the State’s non-compliance with the ruling. 

Katiba Institue states, “Anticipating debate on this petition, some may argue that supporting it aids criminals, implying they should not enjoy the same constitutional protection as others. Contrary to this perspective, the Constitution safeguards the rights of all individuals, regardless of the nature of the alleged offense.” 

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