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Parliament moves to amend death penalty after court’s ruling

Parliament proposes changes to the death penalty in the Prisons Act after the Supreme Court ruled the law as unconstitutional.

National Assembly has proposed to amend section 69 of the Prisons Act which contains death penalties for certain crimes.

The Supreme Court declared the death sentence to be unconstitutional and the Prisons Amendment Bill seeks to abolish the law.

Acting court’s ruling, the MPs have now moved to have legislation by abolishing the death penalty. 

The bill currently in its first reading, aims to protect everyone’s fundamental right to life and put an end to the cruel treatment of those who have been sentenced to death.

The bill aims to halt the psychological harm that the death penalty causes. It also takes into account Kenya’s adherence to the International Covenant on Civil and Political Rights.

The law also included a proposal to remove the Prisons Act, which governs the method of execution for those who have been given a death sentence.

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According to a gazette from the National Assembly, the bill does not delegate legislative powers nor limit fundamental rights and freedom.

“This bill is not concerning County Governments, in terms of the constitution as it does not contain provisions affecting county powers set out in the constitution,” read the gazette in parts.

The gazette also clarified that the Bill is not a money Bill for the purposes of Article 114 as its enactment will not section allocation of funds.

According to a study by the University of Nairobi, there are many laws enacted to protect Kenyan Prisoners, but their implementation has become a problem.

The study stated that weaknesses in-laws seeking to protect prisoners’ lives have made violations of human rights rife.

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