Kenya

This publication seeks to make visible the gender and intersectional discrimination faced by women in the judicial process leading to the death penalty. Through the various articlesin this publication, the authors bring to light the reality of women facing the death penalty through a different lens.

The first author, Shekinah Bright Kiting’a, in making a compelling case for abolition of the death penalty, explores how the death penalty uniquely affects women in the context of motherhood. Further, she highlights the rights and well-being of the children affected by their mothers’ death sentences, revealing flaws in our legal and ethical systems. With the overall aim of advocating for its abolition due to its significant impact on both parenthood and children’s rights, her article seeks to push for reforms that honour motherhood and prioritize children’s well-being in these difficult circumstances.

Kenaya Komba dissects gender disparity in the judicial system by exploring the intersection of domestic violence and the death penalty. In making a case for a restorative approach to justice, her article analyses the impact of capital punishment on victims of domestic violence and the systemic injustice and biases they continue to grapple with. Her elaborate analysis of the Constitution of Kenya, 2010 and the Protection Against Domestic Violence Act, 2016, highlights the urgent need for reform in the legal system.

While Analyzing the role the media plays in shaping perceptions of women on death row, Patricia Chepkirui evaluates the implications of positive and negative media portrayals of such women by highlighting the ethical responsibilities of media in the coverage of women on death row cases. The article ultimately underscores the significance of responsiblemedia coverage in ensuring that media exposure of cases of women on death row is fair,balanced, and respectful of their rights and dignity.

Alex Tamei delves into the intricacies of abuse, gender-based violence, and trauma as mitigating factors in death penalty sentencing for women. His article comparatively analyses two Kenyan cases of murder in retaliation to intimate partner violence, seeking to shed light on the plight of victims of gender-based violence. The article effortlessly brings out the nexus between the death penalty and intimate partner violence and makessolid recommendations for change.

The fifth author, Patience Chepchirchir, delves into the nexus between psychological abuse and provocation. Through her article, she brings out the scope of psychological abuse while focusing on the linkage between emotional abuse and provocation and how the same can be considered as mitigating factors. Through an elaborate analysis of case law, she makes a case for psychological abuse of women as a mitigating circumstance during sentencing.

Stella Cherono’s article reflects on the intersectional discrimination faced by women in the criminal trial process leading to death row. The article highlights the complex and overlapping forms of discrimination women experience during the pretrial, trial and sentencing stages. Through her comprehensive analysis of gendered pathways to offending and imprisonment, she challenges how society perceives discrimination.

Loraine Koskei Interrogates the emerging jurisprudence on Intimate Partner Violence.Her article lays out the gendered factor in the commissioning and sentencing of women convicted of murder and offers possible recommendations.

• Document type NGO report
• Countries list Kenya
• Themes list Death Row Conditions / Fair Trial / Gender / Women

The Death Penalty Project’s latest report provides a comprehensive analysis of the lives of prisoners on death row in Kenya. It focuses on prisoners’ socio-economic backgrounds and profiles, their pathways to, and motivation for, offending, as well as their experiences of the criminal justice process and of imprisonment. It complements our previous research, a two-part study of attitudes towards the death penalty in Kenya, The Death Penalty in Kenya: A Punishment that has Died Out in Practice.
While 120 countries around the world have now abolished the death penalty, including 25 in Africa, Kenya is one of 22 African nations that continues to retain the death penalty in law, albeit it has not carried out any executions for more than three decades. As such, Kenya is classified as ‘abolitionist de facto’, the United Nations term for a country that has not carried out an execution for at least 10 years. Yet, while state-sanctioned executions no longer occur, hundreds of people are currently living under sentence of death and others are convicted and sentenced to death each year. As long as the death penalty is retained in law, there remains a risk that executions might resume if there is political change. Moreover, the plight and turmoil of those languishing on death row – consistently the poorest and most vulnerable – cannot be ignored. They are disproportionately sentenced to death and suffer the harshest punishments and treatment.

• Document type Book
• Countries list Kenya

In 2021, The Death Penalty Project and the Kenya National Commission on Human Rights, in partnership with the Australian National University commissioned Prof. Carolyn Hoyle, Director of The Death Penalty Research Unit, at the University of Oxford, to undertake research in order to provide accurate data on attitudes towards the death penalty in Kenya and facilitate a constructive conversation on the future of capital punishment. The research examined the views of both the general public in Kenya and also opinion formers, those considered influential in shaping, and responding to, national views.

Key findings :

– The vast majority of opinion formers that took part in the interviews were in favour of abolishing the death penalty.
– 90% of opinion formers were in favour of abolishing the death penalty
– 82% of opinion formers were strongly in favour of of abolishing the death penalty
– Most of the opinion formers interviewed were very well informed on the administration of the death penalty in Kenya.
– Across both groups there were concerns around the possibility that innocent people could be sentenced to death.
– 88% of opinion formers believe wrongful convictions occur fairly regularly
– 93% of opinion formers thought Kenya should be influenced by high rates of abolition around the world
– Opinion formers believed that 75% of the public would accept abolition of the death penalty, despite initial reservations.

• Document type NGO report
• Countries list Kenya
• Themes list Public Opinion

In 2021, The Death Penalty Project and the Kenya National Commission on Human Rights, in partnership with the Australian National University commissioned Prof. Carolyn Hoyle, Director of The Death Penalty Research Unit, at the University of Oxford, to undertake research in order to provide accurate data on attitudes towards the death penalty in Kenya and facilitate a constructive conversation on the future of capital punishment. The research examined the views of both the general public in Kenya and also opinion formers, those considered influential in shaping, and responding to, national views.

Key findings:

– 40% in favour of abolishing the death penalty, 10% did not know either way
– 51% in favour of retaining the death penalty, only 32% strongly in favour
– Those against the death penalty believed that criminals deserved the opportunity for rehabilitation.
– Knowledge of the death penalty appears to be limited, just 66% were aware Kenya retains the death penalty and just 21% knew no executions had take place in the past 10 years
– The public expressed concerns around the possibility that innocent people could be sentenced to death: 61% of the public – including retentionists – thought that ‘many’ or ‘some’ innocent people have been sentenced to death in Kenya; only 8% thought that ‘no innocent people have been sentenced to death’
– Public support fell from 51% to 31% when considering abolition in the region
59% of the public, who were initially in favour of retention, said that they would accept a new policy of abolition

• Document type NGO report
• Countries list Kenya
• Themes list Public Opinion