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Crime That Carry Death Sentence in Kenya

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MOUNT KENYA UNIVERSITY

CRIMINAL LAW II

8TH JULY 2012

GROUP MEMBERS ADM

1. ANTHONY GACHERU DLAW/111/03297

2. DANIEL MUIRURI DLAW/111/02254

Disscuss

Crimes that carry the death sentences
Under Kenyan law, offences of murder, treason and robbery with violence, including attempted robbery with violence, carry a mandatory death sentence3. In this paper, the National Commission seeks to demonstrate the urgent need for the abolition of the death penalty from Kenya’s statutes. This is because the death, penalty is a violation of the fundamental right to life.
The death penalty
The death penalty entails the taking away of a person’s life after conviction on a capital offence by a competent court. This form of punishment has …show more content…

It is this duty to protect life that both the state and the individual pledge to uphold under the Constitution and other international human rights instruments that Kenya has ratified.19 Guarantee of the right to life is the very minimum requirement for the enjoyment of other human rights since other rights cannot be enjoyed in a vacuum.
In Catholic Commission for Justice and Peace in Zimbabwe vs. the Attorney General & Others (1993) 2LRC 277
Nearer home in Uganda, the Constitutional court on the petition of 417 inmates who had been on death row for an average of 10 years, some as long as 20 years, declared, following the Zambian case, that prisoners did not lose all their constitutional rights and freedoms upon conviction; only those rights inevitably removed from them by law either expressly or by implication. The court found that the prolonged delay on the death row had adverse effect on the condemned prisoners’ physical and mental state as a result of “the death row syndrome” which, as internationally accepted, amounts to cruel, inhuman or degrading treatment which is prohibited by the constitution.
Retribution
One often

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