A COMPARATIVE ANALYSIS OF THE DEATH PENALTY APPLICABLE LAWS

Authors

  • Stephen Anditi Advocate, High Court of Kenya, Nairobi, Kenya Author

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Keywords:

capital punishment, cruel, death penalty, infliction, degrading punishment, inhuman, human rights, fair trial, retribution, right to life, torture, execution

Abstract

For a long time, the debate surrounding the pertinent issues of the death penalty has become a longstanding matter in the legal circles even to the present day. There are various justifications for the recourse to the death penalty sentence. The primary reasons include that the death penalty acts as a deterrent, it meets the retribution criteria, and that there is an increased public demand for its infliction. On the contrary, there are arguments against the death penalty. The primary reason for its opposition is that it is against human rights. The current global situation portrays Africa as being among the regions of the world where death penalty is rife. Most African nations still have death penalty in their Penal Codes despite there being an emerging trend within the international human rights standards that advocate for its abolition. Moreover, the African Charter on Human and Peoples’ Rights does not mention death penalty. In Africa, the death penalty is thus an issue that necessitates more concern among law practitioners and citizens alike. Introspectively, this study examines the global, regional, and national matters pertaining the death penalty from a human rights perspective. 

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Published

09-04-2021

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Copyright © 2026 by Stephen Anditi

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How to Cite

Stephen Anditi. “A COMPARATIVE ANALYSIS OF THE DEATH PENALTY APPLICABLE LAWS”. Journal of Legal Studies & Research, vol. 7, no. 2, Apr. 2021, pp. 140-61, https://journal.thelawbrigade.com/jlsr/article/view/2585.

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