Supreme Court Petition (The Muruatetu Case)

2016

Francis Karioko Muruatetu and Wilson Thirimbu Mwangi file a petition in Kenya's Supreme Court.

The two have been on death row since High Court judge Msagha Mbogoli sentenced them to death on 12 March 2003. In 2004, they appealed their conviction and sentencing, but appellate judges E. O. O'Kubasu, P.N. Waki, and J.W. Onyango ruled that Justice Mbogholi had rightly sentenced them to death as provided for in Section 204 of the Penal Code. The section reads, "Any person convicted of murder shall be sentenced to death."

Wilson Thirimbu (l) and Francis Muruatetu (r)

Addressing the court, the Director of Public Prosecutions says that the right to life is not absolute but agrees with the petitioners that mandatory death sentence is unconstitutional. He, however, says that they are not entitled to compensation since they were not challenging their conviction by the high court.

On 14 December 2017

The Supreme Court rules that the mandatory nature of the death sentence as prescribed in Section 204 of the Penal Code is unconstitutional and orders the petitioners to be re-sentenced by the high court in conformity with this judgement. It also directs the attorney general to prepare a framework for re-hearing and re-sentencing of similar cases.

This judgement is often cited as the Muruatetu Case. Although it doesn't say so precisely, it effectively outlaws the death sentence in Kenya.