169.
The sentence of death with respect to aggravated robbery will only be
imposed if there was a presence or use of a firearm.
170.
Section 25 (2) of the Penal Code states that persons under the age of 18
cannot be sentenced to death.
They may however, be detained in
corrective institutions at Presidential pleasure.
The release from such
institutions is left to the discretion of the President in consultation with
relevant authorities, as provided in Section 25(3) of the Penal Code.
171.
Section 25 (4) of the Penal Code states that the death penalty cannot be
imposed on a pregnant woman.
Only a maximum sentence of life
imprisonment can be imposed. In practice, Section 25 of the Penal Code
has been fully adhered to.
B.
JUDICIAL MEASURES
172.
The High Court has original jurisdiction to hear and determine interalia
offences of treason, aggravated robbery and murder. All appeals from the
High Court lie with the Supreme Court which has the power to confirm or
quash the death penalty or reduce it to a lesser sentence.
173.
The procedures observed in imposing the death penalty by the Courts are
set out in Sections 303 – 306 of the Criminal Procedure Code, Chapter 88.
There are:(a)
where a person is sentenced to death, the sentence is death by
hanging;
(b)
before a sentence of death is executed a certificate under the hand
of the Registrar or the Clerk of Court naming and describing the
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