Connect with us

Hi, what are you looking for?

Chief Justice Martha Koome (right) receives the official Judiciary flag from her deputy Philomena Mwilu (left) on May 24, 2021 when she took over office.


CJ Koome to chair Supreme Court inaugural session Tuesday

NAIROBI, Kenya, Jul 5 – Chief Justice Martha Koome will on Tuesday chair the inaugural session of the Supreme Court.

The Supreme Court which is fully constituted following CJ Koome and Supreme Court judge William Ouko’s assumption of office will hear 20 cases, among them the Muruatetu case alongside 19 others between July and October 2021.

The case which featured prominently during interviews for the position of Chief Justice came to light in 2017 when the Supreme court ruled that the mandatory death penalty was inconsistent with the progressive Bill of Rights in the Constitution.

During the interview, Koome said doing away with mandatory aspects of the death sentence helped justice while observing that sentencing is a judicial authority but the death penalty is still a provision of the law.

“But the death penalty as the only penalty is unconstitutional because it takes away judicial authority,” she said.

The case is back in court for application directions following various applications of its principles in the Court of Appeal, High Court, and Magistrate’s Courts.

The Seven-judge bench will be tasked to ensure that its decisions are understood by the courts below it to guarantee the consistent and predictable application of the law which is still applicable as a discretionary maximum punishment.

“Discourses before the court are clear that the decision did not outlaw the death penalty, which is still applicable as a discretionary maximum punishment,” Judiciary noted.

The Supreme Court had ruled that all trial courts conduct a pre-sentencing hearing to determine whether the death penalty is deserved.

Advertisement. Scroll to continue reading.

Several convicts sentenced under the minimum mandatory sentences, including robbery with violence and sexual offenses, have since flocked the courts seeking sentence re-hearing.

In 2018, former Attorney-General Githu Muigai appointed a 13-member task force to review the legislative framework on the death penalty and other matters.

It was tasked to create a framework that will deal with the re-hearing of the sentencing of persons on death row.

In its report, the task force noted that “there were disparities in the length of imprisonment of offenders committing same offenses in more or less similar circumstances.”

In September 2020, the Court of Appeal allowed 120 applicants who were on death row or facing life imprisonment to withdraw their appeals to pursue re-sentencing.

“Since the landmark Muratetu case, statistics show that more 500 appeals have been withdrawn, with convicts opting to seek re-sentencing,” Judiciary added.


More on Capital News

Top stories

Nairobi, Kenya, August 17 – Independent Electoral, and Boundaries Commission chairman Wafula Chebukati has called for the arrest of individuals who assaulted officials at...


Nairobi, Kenya, Aug 17 – Religious leaders in the country have expressed concern over what they term as divisions within the Independent Electoral and...


NAIROBI, Kenya, Aug 17 – President Elect William Ruto now says his administration will uphold democracy and transparency so as to remain accountable to...


NAIROBI, Kenya Aug 17 – The Independent Electoral and Boundaries Commission (IEBC) Chairperson Wafula Chebukati has broken his silence on the divisions that emerged...


NAIROBI, Kenya, Aug 17 – The Independent Electoral and Boundaries Commission (IEBC) has yet again postponed elections indefinitely in five electoral seats citing intimidation...


NAIROBI, Kenya, Aug 17 – Kenya’s president-elect William Ruto vowed Wednesday that his new administration would be transparent, saying there was no time to...


Sakaja said that his administration will work for all the people of Nairobi, regardless of political affiliations while committing to reach out to all...


NAIROBI, Kenya, Aug 17 – Nairobi County Governor Elect Johnson Sakaja and his deputy Njoroge Muchiri on Wednesday convened the inaugural Nairobi caucus meeting...