Kenya’s Supreme Court is leading a transformative shift in the country’s legal landscape, championing a more humane, rights-based approach to criminal justice.
Speaking at Moi University as part of the Supreme Court Lecture Circuit, Hon. Justice Njoki Ndungu said recent landmark rulings are redefining justice in Kenya, ensuring the law serves the people—not merely the system.
“The law must serve justice, not just punishment,” Justice Ndungu asserted, highlighting key decisions that place constitutional rights and human dignity at the centre of the judiciary’s work.
Among the most consequential rulings is Muruatetu v Republic, in which the Court declared mandatory death sentences unconstitutional. This landmark decision restored judicial discretion in sentencing, allowing judges to consider the unique circumstances of each case. “Justice must be tempered with mercy,” said Justice Ndungu, adding that this marks a shift toward individualized and compassionate justice.
In another critical judgment, the Court clarified the distinction between confessions and admissions—a move aimed at reinforcing the presumption of innocence. “A confession is a direct acknowledgment of guilt, while an admission is merely a fact that may not be conclusive,” she explained. The ruling strengthens the rights of accused persons and ensures due process is upheld.
The Court has also weighed in on extradition, ruling that only the Director of Public Prosecutions—not the Attorney General—has the authority to initiate such proceedings. “This decision upholds the doctrine of separation of powers,” Justice Ndungu said, underscoring its significance in promoting transparency and accountability in international legal cooperation.
On the issue of delays in prosecution, the Court ruled that a 24-year delay violated the accused’s right to a fair trial. “Justice delayed is justice denied,” said Justice Ndungu, reinforcing the importance of timeliness in the judicial process.
In a progressive ruling on gender-based violence, the Court recognized Battered Woman Syndrome as a mitigating factor in criminal cases. “The pain of domestic violence must be acknowledged,” she noted. “Justice must be compassionate, not just punitive.”
Justice Ndungu emphasized that the lecture series aims to bridge the gap between the judiciary and the public. “It’s very difficult for Supreme Court judges to engage the public beyond their judgments. Academia provides the best platform to share our jurisprudence and foster dialogue.”
As the Supreme Court continues to shape Kenya’s legal future, its message is clear: justice must be fair, compassionate, and rooted in the Constitution.
