The Preservation of Public Security (Amendment) Bill, 2023
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Abolition of the Death Penalty in Public Security Regulations
The Bill deletes the reference to the "penalty of death" in section 7(2)(a) of the Preservation of Public Security Act (Cap. 57), ensuring that subsidiary regulations made under the Act can no longer impose death sentences as punishment.
Preservation of Judicial Review Protections
The amendment maintains the requirement that any court proceedings conducted under public security regulations must be reviewed by at least two persons who hold or have held high judicial office.
Alignment with Constitutional Rights and International Standards
According to the Memorandum of Objects and Reasons, the amendment aims to preserve the fundamental right to life under Article 26 of the Constitution of Kenya and ensure compliance with the Second Optional Protocol to the International Covenant on Civil and Political Rights.
Bill No.
No. 48 of 2023
Gazette No.
Supplement No. 138 of 2023
Sponsor
J. Opiyo Wandayi
Background
The Preservation of Public Security (Amendment) Bill, 2023, sponsored by Hon. J. Opiyo Wandayi (Leader of the Minority Party), addresses the capital punishment provisions remaining under Kenya's public security laws. The Bill aims to eliminate the death penalty for security-related offences to safeguard the right to life under Article 26 of the Constitution of Kenya, 2010, and to end the cruel, inhuman, and degrading treatment associated with death row sentences. Furthermore, the legislative changes seek to fulfill Kenya's commitments under the Second Optional Protocol to the International Covenant on Civil and Political Rights regarding the global abolition of the death penalty.
Key Amendments
Amendment of Section 7 of Cap. 57
The Bill proposes a direct modification to Section 7 of the Preservation of Public Security Act (Cap. 57), which regulates how subsidiary legislation under the Act is created and enforced.
- Removal of the Death Penalty: The Bill deletes the existing paragraph (a) in subsection (2) of section 7 and substitutes a new paragraph (a). The previous text allowed regulations to provide for the "penalty of death" alongside other punishments. The new paragraph completely omits any reference to the penalty of death.
- Retention of Non-Capital Sanctions: The revised paragraph continues to authorize public security regulations to make provisions for apprehension, trial, and the imposition of other penalties, including the forfeiture of property connected to any offence.
- Judicial Safeguards: The amendment retains the critical safeguard requiring that any proceedings of courts (excluding courts martial) trying offences under the regulations must be subject to review by not less than two persons who hold or have held high judicial office.
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