Parliament has proposed to amend section 69 of the Prisons Act which contains death penalties for certain crimes.
The Prisons Amendment Bill seeks to abolish the death penalty, which the Supreme Court ruled is unconstitutional.
MPs have now moved to have legislation by abolishing the death penalty.
The bill currently in its first reading, proposes to preserve the fundamental right to life and put an end to the inhumane treatment of condemned persons, occasioned by the enforcement of the death penalty.
The bill seeks to stop the psychological trauma brought by the death sentence. Additionally, it reflects Kenya’s International covenant on civil and political rights.
Further, the bill proposed to repeal the Prisons Act which contains provisions regulating the manner of execution of the persons sentenced to death.
According to a gazette from the National Assembly, the bill does not delegate legislative powers nor limit fundamental rights and freedom.
“This bill is not concerning County Governments, in terms of the constitution as it does not contain provisions affecting county powers set out in the constitution,” read the gazette in parts.
The gazette also clarified that the Bill is not a money Bill for the purposes of Article 114 as its enactment will not section allocation of funds.
According to a study by the University of Nairobi, there are many laws enacted to protect Kenyan Prisoners, but their implementation has become a problem.
The study stated that weaknesses in-laws seeking to protect prisoners’ lives have made violations of human rights rife.
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