This decision, adopted in a country where no death sentence has been carried out since 1987 and which will benefit more than 4000 death row prisoners, complies with the general trend towards the abolition worldwide. It is also consistent with the recent abstention of the Kenyan authorities on the occasion of the adoption by the UN General Assembly of the Resolution on a Moratorium on the Death Penalty in 2007 and 2008.
"This decision is most welcomed as capital punishment violates the right to life, and the death row phenomenon amounts in some cases to cruel, inhuman and degrading treatment. We hope that this first step will be followed by the abolition de jure of the death penalty in our country" declared Muthoni Wanyeki, KHRC’s Executive Director.
Mr Mwai Kibaki requested on the Kenyan government to assess whether the death penalty had any impact on the fight against crime. FIDH and KHRC recall the Kenyan authorities that the deterrent effect of the death penalty has never been demonstrated. It appears indeed that societies which do not enact capital punishment are usually no less protected from crime than those which do.
"The death penalty is contrary to the very notions of human dignity and liberty. Neither principles nor utilitarian considerations can justify the use of capital punishment. Efficient law enforcement agencies and an independent and effective judiciary are the best guarantees for victims of violent crimes – not the death penalty" declared Florence Bellivier, FIDH Secretary General, in charge of the death penalty .
FIDH and KHRC encourage the Kenyan authorities to proceed on the path towards abolition, in particular by implementing the ACHPR resolution adopted at its 44th session in Abuja in November 2008 encouraging African States to immediately adopt a de jure moratorium as a step towards the abolition of the death penalty.