[PHOTO/the-star.co.ke]
The mandatory death sentence in Kenya is unconstitutional.
This is according to a ruling by the Supreme Court made on Thursday.
In Section 204 of the penal code, it is stated that "any person found guilty of murder, robbery with violence, treason and other capital offences shall be sentenced to death by hanging".
However, Justice Njoki Ndung'u while giving the ruling said that the section "is out of sync and cannot stand as it is inconsistent with the constitution".
The Supreme Court made the landmark clarification on Thursday after a petition by two death row convicts Wilson Thrombus and Francis Murwatetu.
It referred the petitioners back to the High Court for a second hearing on sentence on priority basis.
The court
further directed the Attorney General,
the Director of Public Prosecution as well as other agencies prepare a
detailed professional review of all cases regarding sentencing.
They directed that the judgement be presented to the National Assembly speaker for any necessary amendments to the law.