Tuesday 15 January 2013

ABOLISH THE DEATH PENALTY

last year on 19th December 2012 the  High Court slapped six officers with the death sentence after they were found guilty by Justice Ochieng of killing seven taxi drivers on March 11, 2010 on Naivasha Road in Kawangware, Nairobi.i really thank the court for putting "justice" in action since its quite rare for police officers to be found guilty of an offence, many time the case just ends and the police are released free to go,but this time the trend changed.
But we are in the 21st century the 2013, i think its a high time the death penalty be removed from the Kenyan statutes law and also the constitution should support the same.
i do  know the last time the death sentence was implemented was in 1987 and it was Hezekiah Rabala Ochuka after the attempted coup failed and he was found guilty since he was the master mind and he was hanged in Kamiti maximum prison.
Right to life is a right that should be respected by everyone and everything even the law itself.the Constitution of Kenya-2010, Article 26(3) that states about right to life states :A person shall not be deprived of life intentionally, except to the extent authorized by this Constitution or other written law. the constitution should state it clearly that the written laws exclude punishing criminal offenders .this is because a research done at different intervals by different criminologist shows that most criminals prefer the death sentence than the life imprisonment sentence.the reasoning of this research is that a criminal can perform any worse of the worse offence as long as he know if he is caught he will be hanged and his life will end there, but if a criminal knows he will spend the rest of his life in prison he will fear because of the loneliness and the solitude he will experience while alone in the prison.in my opinion life imprisonment is a better deterrent to crime than the death penalty,the criminologist continue to say that criminals if place in the right environment, they will reform since humans are naturally good but due to the environment they grow in they mentally change into inhuman behavior. in this sense i think Kenya should reform the prisons and create sections where the worst of the worst prisoners will be kept and the right environment be created and hence give them an opportunity to reform and join the society again or continue with life imprisonment,this is because some of these criminals, became so because of the violent up bringing environment which they grew in. may be their parents were fighting violently every now and then or they grew in a society where people killed each other anyhow and hence they developed the mentally that for them to survive in these world they have to use violence hence becoming hard-co criminals yet its not their fault.
so far Kenya has 1,440 prisoners sentenced to death(as per the penal reform organisation) and this prisoners are been subjected to unreasonable mental anguish and suffering,psychological trauma and anxiety after extended stay on the death row and thus is a violation of human dignity and the state is indirectly discriminating them which are serious offences in the bill of rights.because how would you feel if a person told you he/she is going to kill you brutally and painfully one day one time and he does not say when..how will you fill as you move from day to day with that fear that one day you will be killed brutally and painfully...and that's how prisoners fell while waiting for that unknown day to reach.
Kenya has abolished the death sentence by de facto(by fact or by practice) but one day who knows it may be applied and thats why it has to be abolished by all statutes and supported by the constitution.LETS GIVE PRISONERS ANOTHER CHANCE, LETS RESPECT LIFE.

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