Justice Fred Ochieng emphasized the legal procedure for individuals sentenced to death, stating that they must face execution by hanging in accordance with constitutional regulations. The final authorization for the death sentence rests with the president, who oversees the functioning of the prison system. Additionally, convicts have the opportunity to appeal to the president for clemency while incarcerated, with no specific timeframe for executive response.
Recently, Joseph Jowie Irungu received a death sentence following his conviction for the murder of Monica Kimani. However, it’s important to note that Kenya hasn’t carried out any executions since the tenure of former president Daniel Moi. Justice Ochieng elucidated the process of hanging, describing it as securing a noose around the convict’s neck and releasing a trapdoor, causing them to fall until death.
Before the court finalizes the death penalty, the convict has the chance to present their plea, although failing to sway the court’s decision automatically results in death sentencing. Once the judgment is passed, the judiciary’s role concludes, and the executive branch takes charge of prison affairs. Furthermore, execution cannot occur until all avenues of appeal have been exhausted.
Regarding the authority to carry out the death penalty, Justice Ochieng clarified that it lies solely with the president, who must provide consent by signing the execution order. Past presidents have often commuted death sentences to life imprisonment, offering a chance for convicts to serve out their sentences.
Additionally, convicts may petition the president for mercy, with no fixed timeline for executive decision-making, leaving their fate uncertain until a response is received.