A sweeping new legislative proposal could significantly reshape Kenya’s criminal justice system, with a Bill before Parliament seeking to abolish the mandatory death sentence for capital offences and replace it with more flexible sentencing.
The Penal Code (Amendment) Bill, 2026, aims to give courts discretion in handling serious crimes such as treason, murder, and armed robbery—offences that currently attract an automatic death penalty.
Under the proposed law, judges would instead have the option to impose a prison term of not less than 30 years.
At the heart of the reforms is a redefinition of life imprisonment.
The Bill proposes amending the Penal Code (Cap 63) to define “imprisonment for life” as a fixed term of 30 years, fundamentally changing how long-term sentences are applied in practice.
The proposed changes extend across several sections of the law, including provisions dealing with treason and murder.
For instance, the Bill seeks to amend sentencing language by replacing the phrase “shall be sentenced to death” with “is liable to be sentenced to death or to imprisonment for a term of not less than thirty years,” effectively removing the rigidity of current penalties.
Robbery laws are also set for a major overhaul. The Bill introduces new classifications, renaming robbery with violence as aggravated robbery and creating distinct categories for robbery, attempted robbery, and their aggravated forms.
Sentences would vary depending on severity, with standard robbery capped at 14 years, attempted robbery at seven years, and aggravated offences—especially those involving weapons—at either death or a minimum 30-year jail term.
The reforms further clarify that the new law would not apply retroactively. Convictions and sentences handed down before the law comes into force would remain unaffected, as would ongoing trials.
However, the Bill preserves the constitutional right of an accused person to benefit from the least severe punishment where sentencing laws change during the course of a case.
Importantly, the proposed law does not interfere with the President’s power of mercy under Article 133 of the Constitution, leaving intact the ability to grant pardons or commute sentences.
The Bill also introduces safeguards for children in conflict with the law, aligning sentencing provisions with the Children’s Act, 2022.
Courts would be barred from imposing the death penalty on offenders who were under 18 at the time of committing an offence, instead requiring alternative sentencing under child justice provisions.
Beyond sentencing reforms, the Bill proposes shifting the burden of proof in cases involving incitement to violence or disobedience.
Responsibility would rest squarely on the prosecution, requiring agencies such as the National Cohesion and Integration Commission and police to present stronger evidence in court.
The legislation also seeks to repeal criminal defamation laws, aligning Kenya’s legal framework with constitutional protections on freedom of expression.
According to George Murugara, Chairperson of the Justice and Legal Affairs Committee, the overarching goal is to harmonise the Penal Code with constitutional principles, particularly on sentencing and civil liberties.
The proposed reforms have sparked a national debate, with supporters arguing they modernise the justice system and promote fairness, while critics warn they could weaken deterrence against serious crimes.
