Apex Court reinstates life sentences, rejects 30-year term limit
The judges also said the constitutional validity of life imprisonment could not be discussed at the Supreme Court level because it had not been handled by the High Court first.
The Supreme Court has declared it cannot decide what a life sentence means, stating that the task belongs to Parliament.
This came as the court dismissed appeals from two convicts and restored their original life sentences after the Court of Appeal had reduced them to fixed jail terms.
The five-judge bench, led by Deputy Chief Justice Philomena Mwilu, said the Judiciary cannot go beyond its mandate and change laws passed by Parliament.
"Courts must exercise caution when crafting remedies to avoid overstepping their judicial mandate and intruding upon legislative functions by prescribing or enacting amendments," the judges stated on Friday.
Evans Nyamari Ayako and Julius Kitsao Manyeso had both been convicted of defilement and sentenced to life in prison by magistrates.
However, their sentences were reduced to 30 and 40 years by the Court of Appeal.
The Supreme Court reversed that decision, saying the appeal judges had no authority to fix a number of years for life imprisonment.
According to the ruling, only Parliament can set such legal definitions, and the Court of Appeal acted beyond its powers.
"In view of the foregoing, we find that the Court of Appeal ought not to have proceeded to set a term sentence of thirty (30) years as a substitution for life imprisonment, as the effect would be to create a provision with the force of law while no such jurisdiction is granted to it," the court explained.
The court added that the 30-year sentence was introduced without Parliament’s input or public participation and, therefore, had no legal backing.
The judges also said the constitutional validity of life imprisonment could not be discussed at the Supreme Court level because it had not been handled by the High Court first.
They referred to Article 94 of the Constitution, which gives Parliament the sole power to make laws, and said any other body must have direct authority from the Constitution to do so.
The court called on the Attorney General and Parliament to revisit the matter and pass laws that clearly define life imprisonment.
They noted that a similar recommendation made on December 14, 2017, had not been acted upon.
"We note this recommendation has not been given consideration by the two offices of Parliament," the judges said.