President William Ruto has issued a directive to change the fate of convicts who were sentenced to death before November 22, 2022. Instead of facing the death penalty, these individuals will now serve life imprisonment. The decision was made following a recommendation from the Power of Mercy advisory committee and was officially announced through a gazette notice. According to Attorney General Justin Muturi, the directive applies to all those who were sentenced to death up to November 21, 2022.
The notice, which was released to the public, cites the exercise of powers granted by Article 133 of the Constitution of Kenya and section 23 (1) of the Power of Mercy Act, 2011. In his capacity as the President and Commander-in-Chief of the Defence Forces of the Republic of Kenya, President Ruto commuted the death sentences of all capital offenders as of the specified date to life imprisonment.
This move is in line with Article 133 of the 2010 Constitution, which empowers the Head of State to grant free or conditional pardons to convicted individuals. It is worth noting that Kenya’s last execution took place in 1987 when Hezekiah Ochuka was hanged for his involvement in the 1982 coup attempt. Furthermore, in 2017, the Supreme Court ruled the death sentence as unconstitutional during a case involving Francis Muruatetu.