Capital Offenders To Get Remission Before End Of Jail Term

Capital offenders serving long jail terms may soon walk out of jail before their jail terms end following a court ruling.

Justice George Odunga said that prisoners with long jail terms should be released after serving two thirds the term as according to him, Section 46 of the Prisons Act which condemned capital offenders to serve their full sentences as unconstitutional.

He said the same measure applied to other convicts who are released after serving two thirds their term should also be applied on capital offenders.

“The fact that other convicts can be released before their terms end and capital offenders forced to serve their full term is discriminatory. It shows that we assume that capital offenders are incapable of reform,” said the High Court judge.

Justice Odunga explained that sentence remission is made to encourage offenders to reform and embrace good behavior, but it becomes unfair if some are denied that opportunity.

“Article 27 of the Constitution talks of the right to equality before the law. I find that section 46 (1) of the Prisons Act which denies remission to persons imprisoned for robbery with violence is inconsistent with Article 27,” he said.

He declared that prisoners serving fixed jail terms should be released after serving two thirds like the rest of the convicts after five prisoners serving 15 to 40 years jail term for robbery with violence made a petition.

Justice Odunga agreed with their submissions saying that it is everyone’s right to have their dignity protected, and ordered the Commissioner-General for Prisons Wycliffe Ogalo to release them if they’ll be found to have served two thirds their terms.

“The dignity of a person is ignored if he is denied remission that is available to others serving similar sentences simply on the irrational presumption that he is incapable of reforming. Treating the prisoners as an undifferentiated mass violates their right to dignity,” said Justice Odunga during the ruling.

The judge said that instead of generalizing the inability of prisoners to reform, the authorities should consider reviewing the individual prisoner’s industry and conduct.