Activists from Katiba Institute has filed a petition contesting the continued enforcement of statutes criminalizing robbery with violence and attempted robbery with violence.
The human rights advocacy group initiated legal proceedings at the Milimani Law Court, alleging non-compliance by the Directorate of Public Prosecutions (DPP) and the judiciary with a prior court ruling that declared these charges unconstitutional.
Simultaneously, the Institute accused the State of neglecting to implement corrective measures, asserting that despite a definitive and binding court judgment in March 2018, the State persistently enforced the laws.
Katiba Institute argued that the court continued to rely on the laws criminalizing robbery with violence and attempted robbery with violence, which were declared unconstitutional by the High Court in March 2018.
“We did so because the laws upon which numerous convictions were based were declared unconstitutional by the High Court over five years ago. The High Court had given the Attorney-General 18 months to collaborate with Parliament and other State organs to amend these laws,”Katiba Institute explained.
The institute is now advocating for the release of individuals arrested or convicted under these provisions, citing records from the Judiciary that indicate more than 10,000 individuals faced charges related to these offenses from July 2018 to March 2023.
Due to the State’s alleged failure to comply with the court’s decision, Katiba Institute claimed that over ten thousand people have been convicted for offenses that are no longer valid under Kenyan law. Additionally, data reveals that over 2,000 individuals have been convicted during the same period, with some receiving death sentences.
One notable case involved the life imprisonment of two suspects charged with robbery with violence, accused of mugging a man at gunpoint in Nairobi’s Kilimani area. The Institute defended its legal action, asserting that it was advocating for the rights of all Kenyans rather than aiding criminals. It emphasized the importance of safeguarding the constitutional rights of every individual, irrespective of alleged offenses.
