Judges at the Supreme Court. The court has once again delivered a landmark ruling, scrapping the death penalty. [Photo/Star]
The mandatory death penalty is no more in Kenya after the Supreme Court ruled it unconstitutional and detrimental to the doctrine of separation of powers.
The Supreme Court had been expected to deliver a landmark ruling on the legality of the sentence and the way forward for the death penalty.
This will be a relief for many inmates who have been having the tag on their heads for many years now.
The ruling is expected to chart the way forward not only in Kenya but also set a precedent for other Commonwealth countries who have a similar legal system.
Mr. Fred Ngatia, who represented the appellants of the penalty, termed the ruling by the court as the best ever to not only the country but the region.
“What the Supreme Court has done a while ago is what the highest court of the land should be doing and not engaging on political matters,” said Ngatia.
The ruling was delivered by supreme judges led by Deputy Chief Justice Philomena Mwilu, Jacktone Ojwang’ and Justice Njoki Ndung’u.
The decisions are however said to have been a unanimous agreement by the whole judge bench.
The case was filed by two convicts serving death sentence at the Kamiti Maximum Prison.