DIRECTIONS
Directions of the Court
1.It is common factor that this appeal specifically involved the two appellants, Francis Karioko Muruatetu and Wilson Thirimbu Mwangi, whose conviction and sentence of death for the offence of murder contrary to section 203 as read with section 204 of the Penal Code was upheld by the Court of Appeal on a first appeal. All they challenged before this court, was not their conviction but the mandatory nature of the sentence of death imposed upon them by the High Court and affirmed by the Court of Appeal, arguing that it was inconsistent with the Constitution and therefore void.
2.Two other issues were raised; whether the indeterminate nature of a life sentence is also inconsistent with the Constitution, and whether this court ought to assign a definite number of years of imprisonment, subject to remission rules, which will constitute life imprisonment.
3.In considering these questions, the court confined its determination to the following issues:
a) Whether …