The Penal Code (Amendment) Bill, 2023
Status Timeline
Proposed
Active now
Public Review
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Debate
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Executive
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Final
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Death Penalty Replaced for Treason and Murder
The bill amends sections 40 and 204 of the Penal Code (Cap 63) to delete the penalty of "death" and substitute it with "life imprisonment" for the offences of treason and murder.
Life Imprisonment for Armed Robbery
Under proposed amendments to sections 296(2) and 297(2) of Cap 63, individuals convicted of robbery with violence or attempted robbery with violence will face life imprisonment instead of the death sentence.
Alternative Penalty for Unlawful Oaths
The bill replaces the death penalty with life imprisonment in section 60 of Cap 63 for the offence of administering or taking oaths to commit capital offences.
Bill No.
No. 55 of 2023
Gazette No.
Supplement No. 153 of 2023
Sponsor
Opiyo Wandayi
Background
The principal object of the Penal Code (Amendment) Bill, 2023 is to amend the Penal Code, Cap 63, Laws of Kenya, to completely abolish the death penalty. The bill is intended to preserve the fundamental right to life, end cruel, inhuman, and degrading treatment, and eliminate the psychological trauma associated with the death sentence. It also seeks to align Kenyan law with the 2017 Supreme Court decision in Francis Karioko Muruatetu & another versus Republic, which declared the mandatory death sentence unconstitutional, and reflects Kenya's international commitment to the abolition of capital punishment.
Key Amendments
The bill alters five sections of the Penal Code (Cap 63) to substitute the punishment of death with life imprisonment:
- Section 40 (Treason): Section 40(3) is amended by deleting the word "death" and substituting it with "life imprisonment."
- Section 60 (Unlawful Oaths): The penalty for administering an oath to commit capital offences is amended to replace "death" with "life imprisonment."
- Section 204 (Murder): The statutory penalty for murder is amended from "death" to "life imprisonment."
- Section 296 (Robbery): Subsection (2) is amended to change the penalty for armed robbery and robbery involving personal violence from "death" to "life imprisonment."
- Section 297 (Attempted Robbery): Subsection (2) is amended to replace the death sentence for armed or violent attempted robbery with "life imprisonment."
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