President William Ruto has announced plans to introduce the death penalty for drug traffickers and individuals involved in the sale of illicit alcohol, describing substance abuse as a national emergency that threatens Kenya’s social fabric and economic stability.

In his New Year’s address, the President said the widespread abuse of drugs and illegal alcohol is eroding productivity, destroying families and slowing national development. He argued that existing laws have failed to deter offenders, allowing the trade to flourish despite its devastating impact on communities.

Under current legislation, individuals found in possession of hard drugs such as heroin can face fines of up to KSh 1 million. President Ruto proposed scrapping such penalties in favour of the maximum punishment, insisting that harsher consequences are necessary to dismantle criminal networks behind the trade.

The government now plans to table new legislation in Parliament that would formally classify drug trafficking and the sale of illicit alcohol as capital offences. “For those involved in the illicit alcohol trade, we are going to change the law,” the President said. “We are moving away from fines and introducing the ultimate punishment.”

The proposal follows troubling statistics on substance abuse in Kenya. Recent data indicates that one in six Kenyans aged between 15 and 65 uses at least one drug or substance, translating to more than 4.7 million people nationwide. Men are disproportionately affected, with one in three reported to use drugs or alcohol. Young adults are also heavily impacted, with one in five individuals aged between 25 and 35 struggling with substance abuse. Alcohol remains the most widely consumed substance, with more than 3.2 million current users.

Interior Cabinet Secretary Kipchumba Murkomen has publicly backed the proposal, citing countries such as Malaysia, China and the Philippines, where the death penalty is imposed for serious drug-related offences. He argued that current fines encourage illicit trade because profits far outweigh the penalties imposed by law.

To strengthen enforcement, the government plans to establish a reinforced Anti-Narcotics Unit within the Directorate of Criminal Investigations. The unit is expected to receive paramilitary-style training and enhanced surveillance equipment, while authorities will also move to seize assets  including vehicles and property  suspected to be linked to drug trafficking and the illicit alcohol trade.

“We will begin with the major players, those running illegal businesses behind legitimate fronts,” Murkomen said, adding that the state would pursue offenders relentlessly.

The proposal is expected to face significant constitutional and legal scrutiny. Article 26 of the Constitution guarantees the right to life and states that no person shall be intentionally deprived of life except as authorised by the Constitution or written law. Although Kenya’s Penal Code still provides for hanging as a method of execution, the country has not carried out an execution since 1987.

In addition, a landmark Supreme Court ruling in 2017 declared the mandatory death penalty unconstitutional, requiring courts to consider mitigating factors during sentencing. President Ruto further complicated the legal landscape in 2023 when he commuted all existing death sentences to life imprisonment. Human rights organisations continue to argue that capital punishment violates Article 28 of the Constitution, which protects human dignity.

As the proposed legislation heads to Parliament, it is expected to ignite intense legal debate and public discourse on crime, punishment and constitutional rights in Kenya, testing the balance between public safety and the rule of law.