Resentencing Hearings

Following the landmark ruling of Francis Karioko Muruatetu & Another vs. the Republic, Petition No. 15 & 16 of 2015 (consolidated), by the Supreme Court in December 2017, declaring the mandatory death penalty unconstitutional, debate as to what purpose the death penalty serves in the criminal justice system was opened. It also roused the question of whether the existence of the mandatory death penalty sentence in statutes is of any value. Though the Muruatetu Judgment referred to murder, the Court of Appeal in William Okungu Kittiny vs. Republic, ([2018] eKLR), confirmed that resentencing can be applied in other cases where the law provides for a mandatory sentence.

As a result, our team of legal experts has been engaged in aiding the incarcerated to conduct resentencing hearings based on various guideline provisions as set out under law. Through this program, CELSIR will provide opportunities for early, conditional or compassionate release of prisoners, subject to behavioural change reviews, and progress checks in line with institutionalized reviews provided for in national legislation.