High Court Rules Life Sentence Unconstitutional
The High Court has ruled that life imprisonment is unconstitutional, deeming it an unreasonable and nonsensical punishment.
Justice Nixon Sifuna argues that giving a life sentence to a criminal infringes upon their human dignity as protected by Article 28 of the Constitution.
The judge emphasized that when sentencing someone to life imprisonment, the court must specify the duration in terms of days, months, or years, along with a clear starting date.
“From the foregoing reasons, I find that the life sentence is not only archaic in the present civilization but also unreasonable and absurd,” the judge said.
In Kenya, the common understanding is that individuals sentenced to life imprisonment are expected to remain incarcerated until they pass away.
Justice Sifuna ruled in a legal matter concerning JN, who was convicted and given a life sentence for committing incest.
The beastly father was convicted and sentenced for molesting his 10-year-old daughter, an offense he committed on May 18, 2017, at the Wemba location in Murang’a County.
The senior resident magistrate S. Agande handed down a verdict on July 21, 2022, yet he expressed dissatisfaction and contested both the judgment and the punishment.
In the appeal, Justice Sifuna stated that the prosecution demonstrated four crucial elements necessary in such cases, including the occurrence of the incident, the perpetrator’s identity, the familial relationship, and the victim’s age.
“From the evidence on record of the trial court which was forwarded to this court, I am satisfied that all the ingredients of the offense of incest were proved,” the judge said adding that the case was proved to the required standard of beyond reasonable doubt.
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Nevertheless, the judge remarked that a life sentence is comparable to a death sentence because although the start date is clear or can be determined, the end date remains uncertain from the moment of sentencing.
Justice Sifuna further stated that in practical terms, life imprisonment is immeasurable, without fixed duration, impossible to calculate mathematically, and consequently, can only be assessed for the entirety of the convict’s remaining life.
“It is a deceptive sentence, in that once commences it thinking that he will one day complete it and be released from prison,” said the judge.
The judge overturned JN’s life sentence and replaced it with a 10-year prison term beginning on July 21, 2022, the date of his initial sentencing.
In 2018, former Attorney General Githu Muigai assembled a 13-person task force in response to a directive from the Supreme Court, instructing both him and Parliament to initiate an investigation and draft laws regarding the definition of a life sentence.
The panel of Judges, headed by former Chief Justice David Maraga, suggested that this could involve establishing a required duration of imprisonment before an inmate becomes eligible for parole or reduction of sentence, or allowing for certain situations where prisoners may serve life sentences without possibility of release.
Following input from different stakeholders, the task force recommended maintaining life imprisonment in legislation while making adjustments to parole regulations.
“To this end, the State is therefore in the process of developing a Correctional Services Policy which has policy guidelines on issues touching on Parole, Probation, and Aftercare,” the Taskforce report said.
High Court Rules Life Sentence Unconstitutional
