Kibwezi West MP Mwengi Mutuse/SCREENGRABKibwezi West MP Mwengi Mutuse has urged Parliament to fast-track proposed amendments to laws governing the death penalty, stressing that the reforms should be concluded before the current Parliament’s term ends.
Mutuse wants the House Business Committee to prioritise the proposed changes, which he argues have already undergone public participation and been considered by the Justice and Legal Affairs Committee, to allow Parliament to complete the legislative process.
Speaking in Parliament on Tuesday, he explained that the amendments seek to establish a legal framework that fully recognises the constitutional right to life, with the abolition of the death sentence dependent on the consensus of Kenyans.
The MP traced the proposals to the National Commission on Administrative Justice, which recommended amendments to various statutes dealing with the death sentence.
The proposals were subsequently introduced in Parliament, read for the first time and referred to the Justice and Legal Affairs Committee.
The committee has since processed the proposals, conducted public participation and tabled its report before the House, setting the stage for further consideration by MPs.
He said the committee had considered the proposals in line with the determination of the court in the Muruatetu case, which challenged the mandatory nature of the death sentence for murder.
Mutuse called on the House Business Committee to prioritise the matter, arguing that Parliament should complete the process before the end of its current term.
“We have requested the leadership of the House, being the House Business Committee, to prioritise the matter so that before the end of the term of this Parliament, we may see to it that Kenya has a legal regime that fully recognises the constitutional right to life,” Mutuse said.
He added that abolition of the death sentence should depend on the consensus of Kenyans, maintaining that the right to life must be fully reflected in the country’s laws.
“And if it is the consensus of Kenyans, abolishes the death sentence. We support that the right to life must be given full meaning within our laws,” he stated.
The MP’s remarks come as Parliament considers proposed legislative changes arising from the debate over the death penalty and the right to life.
In its 2017 Muruatetu decision, the Supreme Court declared the mandatory death sentence for murder unconstitutional because it denied courts discretion to consider the circumstances of individual cases.
The court later clarified that the decision did not automatically invalidate mandatory death sentences for other offences.
The proposed amendments would need to proceed through Parliament before becoming law. Mutuse wants the House to give the matter priority so that the legislative process can be completed before the current Parliament’s term ends.
