Kenya Criminal Law: Punishment under criminal law

The criminal justice system in Kenya is aimedat law enforcement, the prosecution of offenders and punishment of the convicted. Punishment is the authoritative infliction by the state of suffering for a criminal offence. There are numerous theories of punishment, whose two main purposes are
1.to justify the punishment imposed; and
2.to define the type and scope of different punishments.
The three main current theories in Kenya criminal law are
1.retributive or absolute, which justify punishment on the grounds that it is deserved;
2.utilitarian or relative, which justify punishment on the grounds that it is socially beneficial; and3.combination or unitary, which fuse in various measures the other two.


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