Kirinyaga Woman Representative Njeri Maina on Sunday, July 2, advocated for the execution of convicted corrupt government officials in her new proposals she is set to table before Parliament.
Maina made the remarks in Nakuru during a church service attended by President William Ruto and his Deputy Rigathi Gachagua. The two leaders, in response, seemed to acknowledge her desire to change the Kenyan Penal Code.
"Your Excellency, I do sit in the Justice and Legal Affairs Committee and I can assure you that I'm working on proposals that will severely punish those who steal from the public.
“Since we passed the Finance Act 2023, those who will be found engaging in corruption and swindling public funds and resources should be executed,” she stated.
Maina's proposal stands in sharp contrast to that of her Homa Bay Town counterpart Peter Kaluma who noted that he was working on a bill to repeal section 64 of the Anti-Corruption and Economic Crimes Act 2003 that provides for the disqualification of persons convicted of corruption and economic crimes from holding public office.
Kaluma argues that the current law is discriminatory and prevents people who have served their time (behind bars) from being able to contribute to society.
The lawmaker revealed that the bill is intended to "level the playing field" and allow all Kenyans to participate in the political process, regardless of their past.
"We cannot continue to punish people for their mistakes for the rest of their lives. We need to give them a chance to redeem themselves and contribute to the development of our country," Kaluma claimed.
The two proposals are still in their early stages and face a mountainous journey before they are passed into law. However, they have sparked a debate about the role of former convicts in the Kenyan society.
Expert Input
Speaking to Kenyans.co.ke, Lawyer David Ondiek, underscored that corruption is a serious problem in Kenya, noting that a recent report by Transparency International ranked Kenya at position 144 out of 180 countries on the Corruption Perception Index.
In his assessment, it's almost impossible to change the law so that corrupt people may be summarily executed but he welcomed any suggestion that would scare people, especially government officials, from taking part in corrupt activities.
"Corruption has a number of negative consequences for Kenya. It undermines the rule of law, it distorts the economy, and it leads to poverty and inequality. It also makes it difficult for the government to provide essential services to its citizens," he observed.
The lawyer further noted that corruption is a serious problem in the country but challenged lawmakers to consider the consequences of executing corrupt government officials.
He argued that execution would not be a just punishment for those who have stolen from the public claiming that it will be counterproductive because it will further destabilise the country.
"Ultimately, the decision of whether or not to execute corrupt government officials is a complex one. There are no easy answers.
"However, it is important to have a serious discussion about this issue in order to find a solution that will help deter corruption and protect the public interest," the Lawyer explained.
A Human Rights Activist, Lynn Atieno, explained to Kenyans.co.ke that any ruling that leads to the death penalty technically violates the right to life.
Atieno explained that the right to life is a fundamental human right that is enshrined in the Universal Declaration of Human Rights and other international human rights treaties.
"The death penalty is the ultimate form of punishment and it is irreversible. The execution process can be very painful and inhumane.
"In some cases, the condemned person may be subjected to prolonged suffering. The death penalty also violates the right to be free from torture or cruel, inhuman, or degrading treatment," Atieno warned.
In her view, corrupt officials should not be allowed to return to public service but noted that the death penalty is not an effective deterrent to crime since there is no evidence that the death penalty deters crime any more effectively than other forms of punishment, such as life in prison.
"In fact, some studies have shown that the death penalty may actually increase crime rates. The death penalty is disproportionately applied to people of different social settings.
"There is also a risk of executing innocent people. For these reasons, we in human rights organisations believe that the death penalty is a cruel and ineffective form of punishment that should be abolished," Atieno noted.
Death Ruling
On February 3, 2023, the Supreme Court ruled that the mandatory death penalty for murder was unconstitutional. The court's decision was a landmark ruling that has had a significant impact on the death penalty in Kenya.
The case that led to the Supreme Court ruling involved two men, Francis Muruatetu and Joseph Kamau, who had been convicted of murder and sentenced to death.
The men challenged their sentences on the grounds that the mandatory death penalty violated their right to a fair trial and constituted an arbitrary deprivation of life.
The Supreme Court agreed with the men's arguments ruling that the mandatory death penalty was inconsistent with the Constitution of Kenya.
In their ruling, the Supreme Court judges found that the mandatory death penalty did not allow for any individual assessment of the circumstances of a particular case and that it therefore violated the right to a fair trial.
The ruling was welcomed by abolitionist groups, who argue that the death penalty is a cruel and unusual punishment that should be abolished.
