Kenya: Death Sentence is Out of Date

Nairobi Star (Nairobi)

The Editor

16 June 2011

opinion

The decision by a High Court judge not to impose the death sentence on a convicted killer has once again raised questions about the need for the capital punishment in our statutes.

Justice Anyara Emukule found that sentencing the convicted murderer to death was in contradiction with the right to life provision of the new constitution.

Those in favour of capital punishment might be appalled by the judge’s decision. But those who regard it as a form of punishment mired in antiquity will find the judge’s decision refreshing.

We suggest that this matter be put to the public to decide. A referendum after sober and informed debate could be held to remove from our constitution what is an archaic mode of punishment.

The wrongful execution of an innocent person is an injustice that can never be rectified and with the extremely poor legal representation of death-row suspects, the possibility that some of those convicted may be innocent is a reality we cannot ignore.

There are possible alternatives to the death penalty which should be considered. Death-row inmates can and should be given a chance to reform.

Quote of the day: “If we must do Afrikaans, Voster must do Zulu.” – One of the placards carried by the students who took part in the Soweto Uprising which started on June 16, 1976 to protest the introduction of Afrikaans as the language of instruction in local schools. (John) Vorster was the Prime Minister of South Africa and served as the country’s fourth President.

AllAfrica – All the Time