A new Bill before Parliament is seeking to overhaul sentencing under Kenya’s Penal Code Cap 63 by removing the mandatory death penalty and introducing judicial discretion for serious offences.
The Penal Code (Amendment) Bill, 2026 proposes redefining life imprisonment as a fixed term of 30 years, marking a significant shift from the current framework where certain offences automatically attract a death sentence.
Under the proposed changes, crimes such as treason, murder, and armed robbery would no longer carry a compulsory death penalty. Instead, courts would be allowed to impose either death or a prison sentence of not less than 30 years, depending on the circumstances of each case.
The Bill specifically seeks to amend key provisions of the Penal Code, including sections dealing with treason, murder, and other felony offences, by replacing the phrase “shall be sentenced to death” with more flexible sentencing options. This adjustment is intended to give judges greater authority to determine appropriate punishment.
In addition, the legislation proposes a broader restructuring of robbery-related offences. It introduces new legal definitions, including aggravated robbery, and outlines separate penalties for robbery, attempted robbery, and related crimes.
If adopted, the reforms would lower maximum sentences for some offences. For instance, robbery involving violence could attract a maximum of 14 years, while attempted robbery would carry up to seven years. However, more serious cases such as those involving firearms or dangerous weapons would still attract either the death penalty or a minimum sentence of 30 years.
The Bill also sets clear limits on its application. It states that the proposed changes would not apply retroactively to individuals already convicted or sentenced before the law comes into effect, nor would it interfere with cases currently before the courts.
However, it preserves a key legal safeguard by allowing accused persons to benefit from the least severe punishment where sentencing laws change between the time an offence is committed and when judgment is delivered.
If passed, the proposed law would mark a major shift in Kenya’s criminal justice system, moving away from rigid sentencing toward a more flexible approach that balances punishment with judicial discretion.
