Life imprisonment is an inhuman punishment and an unconstitutional sentence.
The Court of Appeal at Malandi, Kenya ruled that the sentence of life imprisonment is unconstitutional. The Court of Appeal considered the reasonings of the Kenyan Supreme Court in Francis Karioko Muruatetu & another v Republic on the death penalty equally applicable to the case of an indeterminate life sentence. Thus, the Court of Appeal held that a life imprisonment sentence denies a person the opportunity to be heard in mitigation, as other convicted persons with less severe sentences. The Court found it unjustified, unfair, and repugnant to the principle of equality before the law, enshrined in the Kenyan Constitution.
The Court also held that an indeterminate life imprisonment is an inhuman punishment in violation of dignity. Moreover, the Court found the judgment of the European Court of Human Rights in the case of Vinter and Others v The United Kingdom persuasive, regarding life imprisonment without any possibility of release or review as a degrading and inhuman punishment. Also, that it is a principle of international law that all prisoners, without distinction, should be given the opportunity for rehabilitation. As well as the prospect of release if such rehabilitation occurs. Therefore, the Court concluded that life imprisonment is an inhuman punishment.
Consequently, concluding that the life sentence was unconstitutional, the Court considered it appropriate to modify the sentence. Accordingly, the Court of Appeal reversed the life sentence. Instead, it sentenced the appellant to a term of 40 years.
Other national judgements
The ruling of the Kenyan Court of Appeal joins a series of rulings by other national courts that have declared life imprisonment unconstitutional. Such as the Constitutional Court of Colombia in C-294/21, the Canadian Supreme Court in R. v. Bissonnette or the Constitutional Court of Zimbabwe in Makoni v Prisons Commissioner & Another. The latter two rulings concern life imprisonment without parole.
See the judgement Manyeso v Republic
Read the Article on the judgement C-294/21 of the Colombian Constitutional Court Corte Constitucional de Colombia.
Find out more about the law around the World.
References
Case
Manyeso v Republic (Criminal Appeal 12 of 2021) [2023] KECA 827 (KLR) (7 July 2023)
Other cases cited
Constitutional Court of Colombia. Judgement C-294/21. 2 September 2021.
Supreme Court of Canada. R. v. Bissonnette, 2022 SCC 23
Constitutional Court of Zimbabwe. Makoni v Prisons Commissioner & Another (CCZ 8/16 Const. Application No CCZ 48/15) [2016] ZWCC 8 (13 Julio 2016).
Supreme Court of Kenya. Muruatetu & another v Republic; Katiba Institute & 5 others (Amicus Curiae) (Petition 15 & 16 of 2015 Consolidated)) [2017] KESC 2 (KLR) (14 December 2017) (Judgment)
European Court of Human Rights. Vinter and Others v. the United Kingdom – 66069/09, 130/10 and 3896/10. Judgement 17 January 2012 [Section IV]
