Types of Sentences-Kenya

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Section 24 of the Penal Code states the various types of sentences the court may award.

  1. Death

This sentence is for serious offences of

  • Murder
  • Robbery with violence
  • Treason

The death sentence can only be imposed on adults above the age of 18. It also cannot be imposed on pregnant women. They are detained at the pleasure of the president.

  1. Imprisonment

This is the restrain of a person’s physical liberty.  The act of confining an offender in prison.

  1. Fines

This is a sum of money payable for statutory offences, misdemeanors and discretionary felonies.

  1. Forfeiture

This is the relinquishing of property as punishment for the commission of a crime. Section 29 of Penal Code makes provisions for forfeiture. It states that this punishment may be imposed for offences under section 118 and 119 of the PC.

  1. Compensation

This is money given as a result of injury or loss. Section 31 of the Penal Code states, “Any person who is convicted of an offence may be adjudged to make compensation to any person injured by his offence, and the compensation may be either in addition to or in substitution for any other punishment.”

  1. Community service

Community service comprises unpaid public work within a community, for the benefit of that community. Community service is governed by the Community Service Orders Act of 1998.

  1. Detention

Detention is when a person is sentenced of imprisonment not exceeding six months. The offender is detained in a detention camp. A detention camp is any place which prisoners may serve a term of detention in lieu of serving a term of imprisonment.

  1. Security for good behavior

This is where the offender may be required to enter into recognizance to keep peace for a specific period.

  1. Absolute and conditional discharge

This is provided for under Section 35 of the Penal Code where the offender, depending on the nature of the offence, the circumstances and character of the offender, is discharged absolutely or under certain conditions, provided he does not commit another offence.