Court of Appeal declares life imprisonment unconstitutional.

 

Tuesday, July 7, 2023 – A Court of Appeal sitting in Nairobi has declared life imprisonment as unconstitutional.

Justices Pauline Nyamweya, Jessie Lesiit, and George Odunga said it’s unfair for a person to be behind bars until they die.

According to the judges, the imposition of a mandatory indeterminate life sentence is inhumane treatment as it violates the right to dignity under Article 28 of the 2010 Constitution.

“We are equally guided by this holding by the Supreme Court of Kenya, and in the instant appeal, we are of the view that having found the sentence of life imprisonment to be unconstitutional, we have the discretion to interfere with the said sentence,” the bench headed by Justice Nyamweya ruled.

The judges were determining an appeal filed by Julius Kitsao against the State.

Kitsao was charged with defiling a minor.

The magistrate’s court handed him a life sentence.