The Rise and Fall of Muruatetu: Revisiting Death Sentence in Kenya

Abstract

Death sentence has been a controversial matter with most international instruments such as the International Covenant on Civil and Political Rights calling for its abolition. Kenya is a signatory to the 1966 International Covenant on Civil and Political Rights which forms part of its laws by don't of Article 2(6) of the Constitution. It is however noted that Kenya has not abolished the death sentence but only outlawed its mandatory nature in cases of murder. This paper looks into the concept of murder by revisiting the case of Francis Karioko Muruatetu & Another v Republic (2017) eKLR. It further delves into post Muruatetu judgments in light of offences under the Sexual Offences Act and lastly the Supreme Court of Kenya's directions and guidelines on the Muruatetu case

Keywords: Death, murder, sentence, Kenya