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The High Court in Murang’a has ruled that life imprisonment is unconstitutional, deeming it unreasonable and absurd.
Justice Nixon Sifuna, in delivering the judgment, likened life imprisonment to a death sentence, asserting that while one is terminal and the other is not, both represent severe and permanent outcomes.
According to Justice Sifuna, life imprisonment effectively “permanently” removes a convict from society, thereby violating their right to human dignity as enshrined in Article 28 of the Kenyan Constitution of 2010.
“It is also an indignifying sentence, hence violates the right to human dignity, guaranteed under Article 28 of the Kenya Constitution 2010. It is therefore unsupportable irrespective of the logic or whatsoever rationalisation of aggravating factors that may be advanced in support,” Sifuna ruled.
He emphasized that while it may appear to be a finite period of incarceration, in reality, it extends indefinitely, depriving individuals of any hope for eventual release.
The judge articulated that such a sentence not only strips away an individual’s dignity but also effectively erases them from society.
“The more one serves it, the more it drifts yonder to beyond the horizons,” Justice Sifuna remarked, highlighting the psychological toll of perpetual imprisonment.
He argued that imposing a sentence without a definite term not only defies modern standards of justice but also violates fundamental human rights, particularly the right to human dignity enshrined in the Kenyan Constitution.
Ndung’u’s appeal centered on the disproportionate nature of the life sentence in comparison to the severity of his crime.
Despite upholding his conviction, Justice Sifuna acknowledged the need for a more proportionate punishment.
Consequently, he set aside the life sentence and substituted it with a term of 10 years imprisonment, effective from the original date of sentencing.
The ruling by Justice Sifuna marks a significant departure from traditional sentencing practices and sets a precedent for future cases involving life imprisonment in Kenya.
By advocating for a more transparent and humane approach to sentencing, Justice Sifuna’s decision points to the evolving understanding of justice within the Kenyan legal system.