Court declares mandatory nature of death sentence for robbery with violence unconstitutional
Originally published by Kahawatungu — Read the original article →
The High Court in Nyeri has declared the mandatory nature of the death sentence for robbery with violence unconstitutional.
In a judgment delivered on October 13, 2026, Justice Kizito Magare found that Section 296(2) of the Penal Code, which requires courts to impose the death sentence for robbery with violence, violates constitutional protections, including the right to a fair trial, human dignity and freedom from cruel, inhuman or degrading punishment.
The court held that the decision does not invalidate the death penalty itself but removes the requirement that it must be imposed in every case involving a conviction for robbery with violence.