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April 16 2010 | KENYA


Death penalty might be abolished next June 27th on, thanks to an inmate's appeal, too

versione stampabile

Daily Nation

AG backs convict on death penalty plea


The Attorney General has supported a convict’s application to have the death penalty abolished. But Mr Amos Wako said he was agreeing with the prisoner’s arguments for only that particular case.

“The decision was made after consultations between key ministries, but it only applies for this case,” said Director of Public Prosecutions Keriako Tobiko on behalf of the AG.

He was responding in a case in which Godfrey Ngotho Mutiso went to the Court of Appeal to challenge the death penalty, arguing that it was unconstitutional.

Appellate judges Riaga Omolo, Onyango Otieno, and Philip Waki had earlier directed the Director of Public Prosecutions and the AG to personally respond to the issue raised by Mutiso.

According to the convict, the death penalty, provided for under section 204 of the Penal Code, goes against a section of the constitution dealing with the protection of persons against inhuman and degrading punishment.

Through his lawyers, Mutiso said that, whereas all murder suspects were not of the same character, the section denied a convict the chance to mitigate. He further argued that the section also deprived a judge of his or her discretion since the penalty had been fixed.

Mutiso was sentenced to death last year by Mr Justice Joseph Sergon in Mombasa after he was found guilty of the murder of Mr Patrick Waweru Gachoki in Mkomani in 2004.

In his ruling, Mr Justice Sergon had indicated that there was overwhelming evidence because four witnesses had seen the incident. However, Mutiso is now serving a life sentence following a presidential pardon.


He said he was grateful to the President for his kindness, but still wants the constitutionality of the death penalty addressed. The court will deliver a judgement on the case on June 27. About 4,000 death row inmates would escape the hangman’s noose if the appeal by Mutiso succeeds.

No executions have been carried out since 1984, when Senior Private Hezekiah Ochuka, the convicted leader of the August 1982 coup attempt against former President Moi’s government, was hanged.


March 15 2019
March 14, 2019

Bishops’ Conference Committee Chairman Welcomes Governor of California’s Declaration of Moratorium on Death Penalty

March 15 2019
By Mario marazziti

The death penalty makes everyone guilty. The revolutionary choice of the governor of California who signed the moratorium on capital executions ·

February 27 2019
Bruxelles from February 26 to March 1

Pope Francis on Wednesday urged the abolition of the death penalty worldwide Francis sent a video message to the "World Congress Against the Death Penalty"

November 14 2018

Third Committee (Social, Humanitarian, Cultural) Approves Death Penalty Moratorium

Approved as amended by a recorded vote of 123 in favour to 36 against, with 30 abstentions
November 3 2018
The death penalty in Germany was canceled by the judiciary of the Federal Republic in 1949, while in the Democratic Republic it was abolished in 1987

The German state of Hesse has voted to finally scrap the death penalty from its constitution

October 12 2018

Washington state ends 'racially biased' death penalty

Washington's Supreme Court unanimously struck down the state's death penalty Thursday as arbitrary and racially biased, making it the 20th state to do away with capital punishment.
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