President William Ruto has announced a plan to introduce the death penalty for drug traffickers and those selling illicit alcohol.

During his New Year's message, the President described substance abuse as a national emergency that is slowing down the country’s economic growth. He argued that the current legal system is not doing enough to stop criminals.

Under current laws, individuals caught with hard drugs like heroin often face a fine of Ksh1 million. President Ruto wants to scrap these fines in favour of the maximum sentence.

The proposed legislation will be tabled in Parliament to officially make these crimes capital offences.

"For all these people who are involved in the illicit alcohol trade, we are going to change the law... Now we are changing that so that you can be hanged,” President William Ruto stated.

The Scale of the Crisis

The government’s tough stance follows worrying data regarding addiction in Kenya. Statistics show that one in every six Kenyans aged between 15 and 65 uses at least one drug or substance. This accounts for over 4.7 million people across the nation.

The burden is particularly heavy on men, with one in every three using drugs or alcohol. Young adults are also severely affected; one in five people aged 25 to 35 is currently struggling with substance abuse.

Alcohol remains the most widely used substance, with more than 3.2 million current users.

New Police Powers and Enforcement

Interior Cabinet Secretary Kipchumba Murkomen has backed the proposal. He noted that countries such as Malaysia, China, and the Philippines already use the death penalty for drug offences.

Murkomen argued that low fines currently encourage illicit trade because the profits remain higher than the penalties.

ALSO READ: Countries That Impose Death Penalty for Drug Trafficking

To enforce these changes, the government plans to establish a strengthened Anti-Narcotics Unit (ANU) within the Directorate of Criminal Investigations (DCI).

This unit will receive paramilitary training and modern surveillance tools. The government also intends to confiscate assets, such as vehicles and property, linked to the illegal trade.

"We will start with the big men. Those of you who are doing good business on the front and behind the scenes you’re doing illicit business... we will not stop at anything,” Murkomen said.

Constitutional and Legal Hurdles

Despite the President's proposal, the Kenyan Constitution presents several challenges. Article 26 establishes the right to life and states that no one should be deprived of life intentionally unless authorised by the Constitution or other written law.

While the Penal Code still lists hanging as the method of execution, no one has been executed in Kenya since 1987.

Furthermore, a landmark Supreme Court ruling in 2017 declared the mandatory death penalty unconstitutional. This means judges must have the discretion to consider mitigating factors rather than being forced to give a death sentence.

Interestingly, President Ruto himself commuted all existing death sentences to life imprisonment as recently as 2023. Human rights groups continue to argue that the death penalty violates Article 28, which protects human dignity.

The proposed law is expected to spark intense legal and public debate as it moves to Parliament.