A new bill before Kenya’s Parliament seeks to scrap the mandatory death penalty for capital offenses, allowing judges to sentence convicted murderers, traitors, and armed robbers to as little as 30 years in prison instead of death.
The Penal Code (Amendment) Bill, 2026, proposes redefining “imprisonment for life” as a term of exactly 30 years. It further removes the mandatory death sentence for capital offenses—including treason, murder, and armed robbery—and replaces it with a judge’s discretion to impose either death or a minimum of 30 years.
Specifically, the bill amends Section 204 on sentencing for murder, along with related sections on treason and felony charges. For robbery with violence, the bill redefines the offense as “aggravated robbery” and caps sentences at 14 years for robbery involving violence, seven years for attempted robbery, and death or no less than 30 years for aggravated robbery involving firearms or chemical weapons.
If enacted, the changes will not apply to offenders already sentenced before the law takes effect, nor will it affect ongoing trials. However, the bill preserves an accused person’s right to receive the least severe punishment if sentencing guidelines change between the commission of the offense and the time of sentencing. The president’s power of mercy under Article 133 of the constitution also remains unaffected.
The bill also aligns sentencing for children with the Children’s Act, 2022, prohibiting death sentences for anyone under 18 at the time of the offense. Additionally, it shifts the burden of proof for incitement to violence from the accused to the prosecution, requiring police and agencies like NCIC to gather more thorough evidence.
The proposed changes have drawn mixed reactions. Some welcome the reforms as aligned with constitutional principles of freedom of expression and progressive sentencing. Others have called them dangerous. One critic wrote online: “You kill someone, you are jailed for 30 years. The victim’s family funds your prison lifestyle… Vigilantism will settle most scores here.” Another countered: “Our jurisprudence has been tilting towards this direction.”
Chairperson of the Justice and Legal Affairs Committee, George Murugara, stated that the bill’s main object is to align the Penal Code with the constitution and other statutes. Parliament will now debate whether to pass the controversial amendments.
