Article 4: The right to life and personal integrity 34. Kenya has constitutional and legislative guarantees to the right to life. Article 26(1) of the Constitution of Kenya, 2010 states that “every person has the right to life” and that “the life of a person begins at conception” Article 26(2). Article 26(3) provides that “a person shall not be deprived of life intentionally, except to the extent authorized by this Constitution or other written law.” 35. The Power of Mercy Act, 2011 provides for the President’s power of mercy pursuant to Article 133 of the Constitution of Kenya, 2010. To ensure independence, the Constitution provides that the Advisory Committee on the Power of Mercy comprises the Attorney General as the Chair, the Cabinet Secretary responsible for correctional services and at least five other members none of whom may be a State officer or in public service. 36. No child can be sentenced to capital punishment as contained under Section 18(2) of the Children’s Act which states that “notwithstanding the provisions of any other law, no child shall be subjected to capital punishment or to life imprisonment.” That aside, there is a de facto moratorium on the death penalty in force since 1987. This is based on the Government’s belief that the penalty is in conflict with the fundamental human rights norms as embodied in international instruments to which Kenya is a State party. Over the years, the President has commuted death sentences to life imprisonment. 37. The Kenyan Courts have also dealt with the issue of unconstitutionality of the mandatory death sentence in murder cases. In the case of Godfrey Ngotho Mutiso v Republic [2010] eKLR in Mombasa Criminal Appeal No. 17 of 2008, the Appellate Court held that Section 204 of the Penal Code which provides for a mandatory death sentence in instances where an accused person is found guilty of having committed murder is antithetical to the Constitutional provisions on protection against inhuman or degrading punishment or treatment and fair trial. Unfortunately, the challenge at this juncture is that Kenya is unable to abolish the death penalty as the public has overwhelmingly rejected the abolition of the death penalty for the most serious crimes. There is public concern that commuting death sentences to life imprisonment will lead to more criminality. However, the Government in collaboration with the Kenya National Commission on Human Rights and other stakeholders continue to raise public awareness against the death penalty. 38. The Government of Kenya respects the rights to life and has been unequivocal in condemning acts of extrajudicial killings by the police whenever they are alleged to have occurred because these are some of the most serious human rights violations. Any allegation of unlawful killing is investigated by the authorities and perpetrators are tried and convicted by a competent court if found to have used unreasonable force. Indeed, officers are now held personally responsible for their actions if found to have committed an offence. 39. The Government enacted the National Police Service Act, 2011 that has overhauled police service in Kenya changing it from being a force to a service that is more responsive to the needs of the citizens and conforms to the requirements of a modern policing unit. The Constitution of Kenya, 2010 under Article 244 provides that the National Police Service should at all times strive for the highest standards of professionalism and discipline among its members; prevent corruption and promote and practice transparency and accountability; and comply with constitutional standards of human rights and fundamental freedoms; train staff to the highest possible standards of competence and integrity and to respect human rights and fundamental freedoms and dignity; and foster and promote relationships 13