Ending mandatory death sentencing
and advancing abolition in Kenya
Kenya’s progress on death penalty reform has been shaped by two significant legal efforts supported by Justice Defenders. The first was the Muruatetu Petition, where the Supreme Court held that the mandatory death penalty was unconstitutional because it removed judicial discretion and prevented courts from considering the circumstances of each case. The decision reshaped sentencing for capital offences and opened the door for a more fair and reasonable approach to punishment across the country.
In parallel to that national milestone, Justice Defenders is advancing a separate petition that seeks to abolish the death penalty entirely. This work is led by a legal team that includes Morris Kaberia, a Justice Defenders senior leader whose career is rooted in personal experience. Morris spent more than a decade on death row following a wrongful conviction. While incarcerated, he trained as a paralegal through Justice Defenders and later earned a University of London law degree. He now applies that experience and expertise to some of the most important constitutional litigation underway in Kenya.
In October 2025, the abolition petition came before the Muranga High Court for mention. Although the three-judge bench was unavailable to sit, the session resulted in meaningful administrative progress. The Attorney General and the Director of Public Prosecutions, both operating from their Nairobi headquarters, confirmed they will file formal responses to the Re-amended Petition. Retired Attorney General Professor Githu Muigai has come on record for Justice Defenders and is awaiting service of the state’s documents before preparing submissions. An application by the Second Petitioner seeking to strike out the DPP response has been properly filed and will be addressed at the next hearing. Two expert witness statements remain outstanding. The matter is set to return on 27 November 2025 for further directions, including timelines for written submissions.
These two legal actions demonstrate the Justice Defenders approach in practice. The Muruatetu decision established that capital sentencing must involve careful judicial consideration rather than automatic outcomes. The current abolition petition seeks to take the next step and remove the death penalty from Kenya’s legal system entirely. Morris Kaberia’s role in this work reflects the principle that those who have experienced the shortcomings of the justice system first-hand can play a crucial part in shaping reform when equipped with legal training and opportunity.