Death Penalty in Kenya.

It is provided for in section 204 of the Penal Code. Guidelines regarding the sentence are given in section 25 of the Penal Code. Offences calling for death sentence are -Treason -Administration of oaths to commit capital offences -Murder -Robbery with violence.

'25(1) Where any person is sentenced to death, the form of the sentence shall be

to the effect only that he is to suffer death in the manner authorized by law.' This is as per section 69 of the Prisons Act and it is hanging by the neck until convictee is dead. For a sentence passed under the repealed Armed Forces Act, regulation 7(1) of the Armed Forces Regulations provides that execution is by hanging or shooting.

Section 25(2) gives the exceptions to the death penalty," Sentence of death shall not be pronounced on or recorded against any

person convicted of an offence if it appears to the court that at the time when

the offence was committed he was under the age of eighteen years, but in lieu

thereof the court shall sentence such person to be detained during the President’s

pleasure, and if so sentenced he shall be liable to be detained in such place and

under such conditions as the President may direct, and whilst so detained shall be

deemed to be in legal custody." However, this provision now is in contravention to the Children's Act section 190, where it provides that a child offender shall not be ordered to be imprisoned, placed in a detention camp or sentenced to death. In Koech and another v Republic,child offenders who had served detention for five years were set free.
It is usually the duty of the court to satisfy itself as to the accused's age and the prosecution furnishes that evidence as it can. This was as per Rex v John s/o Ngona and three others(1944) 11 EACA 119
If there's doubt as regards the age of the accused, he/she ought to be set free.

Under section 211, pregnant women too shall not be sentenced to death.

It was stated in Mangi v Republic that an accused may show why he ought not to be sentenced to death.

As seen in section 25, the death penalty is mandatory meaning that once one has been found guilty of the specific offence, the court must award the death sentence and there's no discretion as to whether to award or not. Section 204 has been said to contravene the constitutional provisions on right to life{Article 26(1)}, freedom from inhuman or degrading treatment or punishment{Article 25(a)} and right to fair trial {Article 25(c)}

The supreme court of Kenya on December 24, 2017 declared the mandatory death sentence unlawful. This means that the sentence is still laful but no longer mandatory.

As of December 2010, 139 countries out of 197 countries under the UN had abolished the death penalty.

In Ganzi and two others v Republic(2005) 1 KLR 52, it was held that when a person is charged with a number of capital chargesit is preferential to proceed with one capital charge and leave the others in abeyance.
In Yowana v Uganda(1965) EA 684, it was stated that no other offence should be charged jointly with a capital charge.