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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.
Go to the official site

Steps

  1. If you or a relative got the mandatory death sentence for murder, you can ask for a re-sentencing hearing.
  2. If the trial was in the High Court, apply to the High Court. The subordinate (magistrates') court cannot hear it.
  3. 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an appeal is still pending at the Court of Appeal, the High Court will only hear the re-sentencing once the appeal is withdrawn.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)
  1. 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
  2. Muruatetu & another v Republic, SC Petition Nos. 15 & 16 of 2015, Directions of 6 July 2021 supremecourt.judiciary.go.ke · read 4 Oct 2026
  3. Penal Code (Cap. 63), Revised Edition 2014 probation.go.ke · read 4 Oct 2026

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