Death sentence on a minor

My son was involved in a street gang which compromised his behaviour. 5 years ago, he found himself in trouble at school for causing the death of a fellow student. He was a sixteen year old minor when the killing occurred. The case against him took years to be decided. He is now an adult and was sentenced to death by hanging. I do not condone my son’s behaviour but I believe the sentence was unlawful.
FM, Iringa

We agree with you that the death sentence was unlawful since the law prohibits passing the death sentence on a minor. Section 26(2) of the Penal Code, Cap 16 [R.E 2022] provides that the sentence of death shall not be pronounced on or recorded against any person who at the time of the commission of the offence was under 18 years of age.  The section goes further that in lieu of the sentence of death, the Court shall sentence that person to be detained during the President’s pleasure and if so sentenced he shall be liable to be detained in such place and under such conditions as the Minister for the time being responsible for legal affairs may direct, and whilst so detained shall be deemed to be in legal custody.

You can see that the above provision expressly prohibits imposition of the sentence of death upon any person who at the time of the commission of the offence was under 18 years of age. Instead, the Court in question must order the accused to be held in custody for as long as the President pleases. Your lawyer can guide you further on the necessary steps of an appeal.