Chief Justice Martha Koome has presented a bill to parliament aimed at revising portions of the Penal Code, particularly the concept of 'imprisonment for life'.

The legislation, officially titled the Penal Code (Amendment) Act, 2023, suggests an alteration to Section 4, stipulating that a sentence of 'imprisonment for life' will now be limited to a prison term of thirty years.

This move follows the Court of Appeal's ruling earlier in the year, in which they characterized an indefinite life sentence as unjust and akin to a slow death sentence.

Judges Pauline Nyamweya, Jessie Lessit, and George Odunga of the Court of Appeal articulated that a life sentence should not necessarily mean that the prisoner serves their natural life. Their decision was rooted in a precedent set by the European Court of Human Rights, which deemed the practice degrading and tantamount to inhuman punishment to hold someone incarcerated without any possibility of release.

As per the proposed bill, "An individual convicted of second-degree murder will be subject to a sentence of imprisonment for life."

The Bill clarifies that second-degree murder encompasses acts that lead to another person's death through any other unlawful act or omission. This includes actions resulting from culpable negligence while carrying out a duty related to preserving life or health. The Bill specifies that this applies irrespective of whether such omission is accompanied by an intention to cause death or bodily injury.

Conversely, individuals convicted of first-degree murder will continue to face the possibility of the death penalty. First-degree murder encompasses intentional acts resulting in the death of another person through unlawful means such as poisoning, arson, kidnapping, torture, child abuse, terrorist acts, injury caused by explosive substances, burglary, and robbery.

Moreover, individuals found guilty of attempted robbery with firearms and second-degree robbery will also be susceptible to a sentence of life imprisonment. According to the Bill, second-degree robbery involves using any form of violence to persons or property to facilitate the theft or prevent resistance during the theft or retention of stolen items.