Towards structured sentencing in Kenya: a case for reform

Abstract

This article engages in an empirical review of sentencing in Kenya. It argues that huge disparities exist in sentencing thus undermining public confidence and the realization of the goals of the system. The development of comprehensive sentencing guidelines is recommended as a panacea to the unwarranted discrepancies in sentencing. It is argued that sentencing guidelines are not intended to impede judicial discretion but rather to provide a framework within which the discretion would be exercised.