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"content": "(Mr. Cheptumo): Mr. Deputy Speaker, Sir, I beg to reply. (a) The Government of Kenya, in spite of this provision of law, does not support the existence of the death sentence in the light of its ratification of international human rights conventions. For this reason, the Government has not sanctioned the infliction of the death sentence since 1986. (b) The existence of the death sentence in the statute books is a constitutional matter. The Government can only abolish the death sentence with the support of its citizens. It is for this reason that the Government pushed for the abolition of the death sentence during the constitutional review process. The Government will raise this matter for discussion during the ongoing constitutional review process in the hope that the people of Kenya will agree to expressly prohibit capital punishment. Indeed, there were no disagreements over this matter during the 2003-2004 constitutional review process. Therefore, there is an expectation that the current review process will proscribe the death penalty. (c) The total number of death row convicts in the custody of Kenya Prisons currently is 3,215. The presence of death row convicts affects the state of discipline as follows:- (1) The prisons law does not permit death row prisoners to be subjected to labour, like other prisoners. That has negative impact on prison discipline and security. (2) Disciplinary measures applicable to prisoners have little effect on death row prisoners due to the nature of their sentence; for instance, loss of remission as a disciplinary measure does not apply to them; similarly, they cannot participate in the prisonersâ earning scheme and other benefits, (3) They have despaired and, therefore, are capable of contravening prison rules without fear of greater punishment; they can endanger prison officers manning them, and even other prisoners;"
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