This archive report was first published on 26 October 2019.
Kenya's penal code makes it clear that anyone who intentionally causes the death of another person is guilty of murder. This is defined as an act done with malice aforethought.
Malice aforethought is established by evidence showing an intention to cause death or grievous harm, or knowledge that an act will probably cause death or grievous harm.
Despite the law, the last execution in Kenya took place in July 1987, when Hezekiah Ochuka was hanged for his role in the 1982 coup attempt.
However, the Supreme Court has since ruled that the mandatory death sentence is unconstitutional, giving judges the discretion to decide whether to impose the death penalty or life imprisonment.
The debate over capital punishment continues, with some arguing that it violates the right to life, while others see it as a necessary punishment and deterrent.
Under Kenyan law, anyone found guilty of murder could face the death penalty, as seen in the case of Father Michael Maingi's murder.
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