UNCONSTITUTIONALITY OF LIFE IMPRISONMENT: AN APPLAUSE TO THE KENYAN JUDICIARY FOR THE TRANSFORMATIVE INTERPRETATION
Image from Google The goal of sentencing in the judicial system is multifaceted, aiming at retribution, deterrence, rehabilitation, restorative justice, community protection, and denunciation. [1] These goals, however, can sometimes be in conflict, raising critical questions about how they are achieved through judicial decisions. This blog reviews how the Kenyan Judiciary has addressed these issues, particularly focusing on the transformative jurisprudence regarding the unconstitutionality of life imprisonment. Globally, the International Covenant on Civil and Political Rights (ICCPR) asserts that the primary objectives of imprisonment should be the reformation and social rehabilitation of the criminal. [2] This sets a foundational principle that punishment should offer...