The Kibera Law Courts has sentenced a man to death on three counts and life imprisonment on four counts after he was found guilty of multiple serious offences, including robbery with violence (three counts), rape (three counts), and attempted rape (one count).
The verdict, delivered on Friday, July 25, by Senior Principal Magistrate Hon. Abdul, noted that the prosecution had proved its case beyond reasonable doubt.
According to evidence provided by the prosecution, the suspect lured his victims by pretending to assist them in finding employment. He would pick them up on his motorbike under the guise of taking them to job interviews.
However, the prosecution revealed that upon reaching Ngong Forest, he would rape and rob them at knifepoint.
According to the prosecution, the man had been successful in evading justice for a period of time, but police were able to establish a pattern in his methods during the conduction of their investigations.
This prompted an operation by the authorities, where they managed to set up a trap and managed to apprehend him in the act, armed and attempting to rape and rob a victim.
While delivering the sentence, the Principal Magistrate cited the gravity and repetitive nature of the crimes, observing that the accused demonstrated "a complete lack of humanity" and warranted the maximum penalty under the law.
The man is set to begin serving the death sentence immediately, while the other sentences remain in abeyance as per legal procedure.
In Kenya, the issue of death sentences and the death penalty is a complex and evolving issue, marked by a significant gap between the law and practice.
While the death penalty remains enshrined in the Penal Code for various offences such as murder, robbery with violence, treason, and mutiny (military), executions are not common at all. In fact, Kenya has an unofficial moratorium on executions.
While executions are not carried out, courts in Kenya continue to hand down death sentences. This creates a situation where a significant number of people are on "death row," awaiting an execution that is unlikely to occur.
Recent statistics highlight a fluctuating trend in the handing of death sentences in Kenya. In 2021, courts handed down 14 death sentences. In 2022, this number significantly increased to 79. In 2023, it further jumped to 131 new death sentences. As of October 9, 2024, it was estimated that 166 persons (163 men and three women) were on death row.
Even so, Kenyan Presidents have repeatedly used their power of mercy to commute death sentences to life imprisonment. This is a major reason why death row numbers periodically drop significantly.
