Bill seeks changes to capital offences punishment

The Judiciary has handed two Bills to Parliament, seeking to revise the sentences given to capital offenders.

The two are the Criminal Procedure Code (Amendment) Bill, 2023 and the Penal Code (Amendment) Bill, 2023.

The current law dealing with capital offence was drafted by Britain in the 1930s. It provides for death if one is found guilty of murder, robbery with violence and treason.

The Judiciary has also proposed replacement of words such as manslaughter with second-degree murder and Idiots or imbeciles with intellectual and psychosocial disability.

However, the Judiciary has categorised murder into three categories. In the proposal, those found guilty of first-degree murder may be sentenced to death. Those found guilty of second-degree murder will be liable to life imprisonment.

The Judiciary has also introduced first-degree robbery and second-degree robbery. Those who steal using guns, maim or harm, or use chemicals will be liable to death if found guilty while the second-degree robbery will be liable to life imprisonment.

In the meantime, the Court of Appeal has ordered Attorney General Justin Muturi to kickstart legislative amendments to facilitate periodic review of sentences for convicts aged over 70.

According to Justices Pauline Nywamweya, Jessie Lesiit and George Odunga, the law should also factor in a review of those who have served sentences that are over 20 years.

The trio stated that it is unfortunate that the country has no parole system, hence, those who are in their sunset days tend to suffer while at the same time, become a burden to prison authorities and taxpayers.

“Such persons are subjected to harsh prison conditions even when it is clear that their continued stay in prison can no longer be justified under any grounds."