CJ’s Proposed bills

Abigaely Wanjala

Stakeholders in the justice sector have been contending on the Kenya’s criminal justice system saying it
is overly punitive as it lacks focus on rehabilitation. CJ Martha Koome has now proposed for amendment
of the bills by proposing two bills to the Parliament which if approved will exempt minor offenders like
prostitutes from severe sentences.

The current penal code offences that may attract death sentences are Treason(20) , murder (204),
taking oath to complete capital offence ( 60) and robbery ( 296)(2) of the constitution. According to
Demas Kiprono the deputy executive director ICJ the bill for death penality should be evaluated and for minor offences that lead to life imprisonment be reconsidered for rehabilitation or probation.
Proposed bills aims to tackle both the death penality and life imprisonment for murder and minor
offences respectively.Minor offences are proposed to be penalised by issuing of verbal sanctions ,
probation, rehabilitation, community services and conditional discharge whereas , murder has been
cartegorised into first and second degree.First degree involves intentional malice penalised by death
penality and second degree which involves negligence or unintentional harm penalised by life
imprisonment.