Does Kenya still have the death penalty?
Judiciary of Kenya / Kenya Law · sources read 4 Oct 2026
Yes, the death penalty is still in Kenyan law, but for murder it is no longer automatic: since the Supreme Court's 2017 Muruatetu decision it is a maximum the judge may choose. The last execution in Kenya took place in 1986.
- Where
- The High Court, for re-sentencing after a mandatory death sentence for murder.
Steps
- If you or a relative got the mandatory death sentence for murder, you can ask for a re-sentencing hearing.
- If the trial was in the High Court, apply to the High Court. The subordinate (magistrates') court cannot hear it.
- If an appeal is still pending at the Court of Appeal, the High Court will only hear the re-sentencing once the appeal is withdrawn.
Watch out
- The Muruatetu decision covers murder only. For other capital offences, such as robbery with violence and treason, the mandatory death sentence has to be challenged separately in the High Court.
- Nobody who was under 18 when the offence happened can be sentenced to death.
- A pregnant woman convicted of a capital offence gets life imprisonment instead of death.
Who this covers
- Anyone who got the mandatory death sentence for murder and wants to be heard on sentence can ask for a re-sentencing hearing
Official sources (3)
- Francis Karioko Muruatetu & another v Republic, SC Petition Nos. 15 & 16 of 2015 (Consolidated), Judgment of 14 December 2017 supremecourt.judiciary.go.ke · read 4 Oct 2026
- Muruatetu & another v Republic, SC Petition Nos. 15 & 16 of 2015, Directions of 6 July 2021 supremecourt.judiciary.go.ke · read 4 Oct 2026
- Penal Code (Cap. 63), Revised Edition 2014 probation.go.ke · read 4 Oct 2026