In Kenya, the death penalty remains lawful but dormant; courts can sentence people to death for crimes like murder, robbery with violence and treason, but no execution has been carried out since 1987.
Kenya’s Supreme Court has also ruled that the mandatory imposition of the death sentence is unconstitutional, meaning judges must consider mitigating circumstances rather than automatically impose death for certain offences.
How Kenyan courts treat the death penalty
Under Kenyan law, the Penal Code historically prescribed hanging as the method of execution.
However, the Supreme Court in Mutiso v. Republic and later Muruatetu & another v. Republic found that making the death sentence mandatory for crimes like murder violated constitutional guarantees of fair trial and human dignity.
Judges must now exercise discretion at sentencing.
Amnesty International adviser on the death penalty Oluwatosin Popoola termed the Supreme Court’s ruling a step towards abolishing the “cruel and inhumane” punishment.
“It is now time for the Kenyan authorities to take the required legal steps to abolish the death penalty fully and join the 105 countries that have completely consigned the punishment to history,” Popoola said in a past statement.
In 2009, late President Mwai Kibaki commuted the sentences of more than 4,000 death prisoners to life.
In 2016, retired President Uhuru Kenyatta also commuted death sentences of 2,747 death-row prisoners to life.
Despite this legal shift, courts continue to pass death sentences.
High-profile cases have resulted in death sentences being pronounced, even though by law they can ultimately translate into life imprisonment because executions are not carried out.
Last executions carried out in Kenya
The last executions in Kenya occurred in 1987, when Hezekiah Ochuka and Pancras Oteyo Okumu, leaders of the failed 1982 coup attempt, were hanged at Kamiti Maximum Security Prison.
Since then, all death sentences have either remained unexecuted or had their sentences commuted by presidents in mass pardons.
During colonial times, hangings were common: in 1960, Peter Harold Richard Poole became one of the last people executed in British Kenya after being convicted of murder.
Although Kenya retains hanging as the legal execution method, the entrenched de facto moratorium means execution is not currently practised even when judges impose the death penalty.
Kenyan nationals on death row abroad
The death penalty also affects Kenyans outside Kenya’s borders, where enforcement is active and often automatic for certain offences:
Vietnam: Kenyan national Margaret Nduta Macharia was sentenced to death in Vietnam on drug trafficking charges after being found with over 2 kg of illegal drugs at an international airport.
Diplomatic efforts had, however, been initiated to stay her execution and allow appeals to proceed.
Malaysia and China: Other cases reported involve Kenyans such as Judith Achieng Odoyo, sentenced to death in Malaysia for drug trafficking, where hanging is standard, and Kenyans convicted in China whose death sentences were later commuted to life imprisonment.
Wrongful sentences abroad: In a separate case, a Kenyan man, Ali Kololo, was wrongly convicted and sentenced to death in the UK before his conviction was quashed, highlighting dangers even in jurisdictions without capital punishment today.
These examples show how Kenyans can face the ultimate penalty when convicted under different foreign legal systems with stringent anti-narcotics and homicide laws.
Worldwide, the ways countries handle capital punishment vary widely, from abolition to active enforcement, and often reflect legal traditions, public opinion, political context and international obligations.
United States – Lethal injection, with variations
The United States is one of the few Western democracies that still apply capital punishment.
According to the latest update by the Death Penalty Information Centre, there are a total of 16 executions set to be conducted in various states in 2026 and 10 in 2027 in Ohio alone.
A total of 47 people were executed in various US states in 2025, marking the highest number of executions in 16 years, almost double the 25 carried out in 2024.
The sharp increase was primarily driven by the state of Florida, which alone accounted for 19 executions, about 40% of the national total.
In total, executions were carried out in 12 different states in 2025.
The primary method is lethal injection, though states are permitted to authorise alternatives such as electrocution, firing squad, or gas chamber if drugs for injection are unavailable or if inmates choose an alternative under state law.
Application varies widely: some states are abolitionist, others retain the punishment but rarely carry out executions, and a smaller group remains active.
China – Execution by injection or shooting
China is believed to have the highest number of executions globally, though statistics remain classified.
Chinese law allows execution for a wide range of offences, including violent crimes and certain economic crimes.
The country has shifted toward lethal injection in recent years, though shooting remains permitted. China defends its capital punishment policy as a deterrent, while critics point to transparency and due process concerns.
Japan – Hanging in a controlled setting
Japan retains capital punishment for select violent crimes.
The method is hanging, carried out in a highly regimented and confidential procedure.
Executions are infrequent and often announced only after the fact. Public opinion surveys show majority support for retention, though human rights groups continue to push for reform.
Singapore – Hanging for narcotics and murder
Singapore is one of the most vocal retentionist states. It authorizes hanging, including for certain drug trafficking offences.
The government emphasizes deterrence and public security, arguing the policy has helped curb drug-related crime.
Courts have introduced limited discretion in sentencing reforms in recent years, but the core framework remains intact.
Saudi Arabia – Beheading and firing squad
Saudi Arabia imposes capital punishment for crimes such as murder, terrorism, drug offences and certain religiously defined offences.
Execution methods include beheading and, in some cases, firing squad. Authorities justify the system through religious and legal tradition.
International organisations frequently cite the kingdom as an example of strict retention.
Iran – Hanging
Iran has one of the highest rates of executions in the world, with reportedly more than 2,000 cases in 2025.
It carries out executions mainly by hanging for offences including murder, drug trafficking and national security crimes.
The state argues application is governed by Islamic law.
Rights groups raise concerns over trial processes and juvenile offenders. Iran ranks among the countries with the highest annual execution figures.
Erfan Soltani, a 26-year-old man arrested during ongoing unrest, is among those reported to be on death row.
US President Donald Trump recently urged protesters to continue as he warned Iran that America would take “very strong action” if Iran executes protesters.
Pakistan – Hanging, with moratorium shifts
Pakistan historically used hanging as its execution method.
The country has alternated between moratoria and periods of active enforcement.
The death penalty applies to a range of offences including murder, terrorism and certain religiously defined crimes.
Legal debates on reform continue.
India – Hanging, rarely applied
India retains capital punishment but uses it sparingly under the principle that execution should be reserved for the “rarest of rare” cases.
Hanging is the legal method.
Execution rates remain low, though courts continue to issue death sentences that may later be overturned or commuted on appeal.
Indonesia – Firing squad
Indonesia applies the death penalty for murder and drug trafficking, with execution typically by firing squad.
The government views the policy as an essential deterrent in narcotics enforcement. International clemency campaigns occasionally emerge in high-profile cases, but the state retains discretion.
Vietnam – Lethal injection
Vietnam uses lethal injection after phasing out firing squads in recent years.
Executions are typically carried out for violent crimes and drug offences.
Information is limited due to state secrecy, though Vietnam is considered a significant retentionist jurisdiction in Asia.
Europe – Abolitionist except Belarus
The European Union prohibits capital punishment among member states.
Most European countries abolished it during the 20th century.
Belarus is the major exception, continuing to apply the death penalty by shooting. The issue remains a barrier to closer integration with European institutions.
Africa – Mixed landscape
Africa presents a diverse picture.
Botswana retains and carries out executions, using hanging, while Egypt actively enforces the death penalty, typically through hanging, including for terrorism-related offences.
Nigeria retains capital punishment in federal law, with hanging and shooting permitted, though actual executions are infrequent and vary by state.
South Africa, Rwanda, Burundi, Sierra Leone and several others have abolished capital punishment.
Uganda and Tanzania maintain the death penalty but seldom enforce it.
Zambia announced moves toward abolition and commutation in recent years.
Latin America – Largely abolitionist
Latin America has overwhelmingly rejected capital punishment.
Brazil retains it only for exceptional military crimes in wartime. Mexico abolished it after long periods of non-enforcement.
Argentina, Chile, Colombia and others are abolitionist in law and practice.
Globally, lethal injection, hanging, shooting and beheading are the main legally sanctioned execution methods among retentionist states.
Gas chambers and electrocution remain legal alternatives in a few US states but are rarely used.
International legal bodies encourage abolition or moratoria, arguing that no execution method eliminates human rights concerns.
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