Shock And Anger As 7 Of The 5000 Pardoned Offenders Are Hardcore Criminals

Robert Louis Stevenson (born Robert Lewis Balfour Stevenson; 13 November 1850 – 3 December 1894) who was a Scottish novelist, essayist, poet, and travel writer, once said…’ Nothing can make injustice just but mercy.” “Keep your eyes open to your mercies. The man who forgets to be thankful has fallen asleep in life.” “Where mercy, love, and pity dwell, there God is dwelling too BUT as I write this, the country is very livid and shocked by the actions of the President. Togues are wagging on his latest action of exercising his prerogative power of mercy, to hardcore criminals and perennial thieves.

In Kenya, the power to pardon is vested in the President under Article 133 of the Constitution of Kenya. The President may grant a pardon, reprieve, respite, or remission of punishment to a person convicted of an offense, or may suspend, remit or commute the sentence of a person convicted of an offense. The President exercises this power on the advice of the Advisory Committee on the Power of Mercy, which is established under the Power of Mercy Act 2011.

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The Advisory Committee on the Power of Mercy considers various factors when advising the President on whether to grant a pardon. These factors include the nature and gravity of the offense, the character, and history of the offender, any special circumstances that may have contributed to the commission of the offense, and any other relevant factors.

Globally, there are different practices and procedures for granting pardons. In some countries, such as the United States, the President has broad discretion to grant pardons for federal offenses. In other countries, such as Canada, there is an independent body that advises the government on whether to grant a pardon. Despite these differences, there are some common principles that guide the exercise of the power to pardon. These principles include considerations of justice, mercy, and public interest.

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This is the question, did the Advisory committee advise the President wrong or exactly what happened? Were the principles of justice, mercy, and public interest factored in or they simply released people who had bribed them or were related to them? Kenyans are shocked to see the President pardoning rapists and murderers and thieves of public resources.

A Kenyan on Twitter, going by the handle; @simeonominde took his time and did a mini thread on some of the names pardoned and Kenyans are angry, livid, and shocked at what exactly is the intention of the President (https://twitter.com/simeonominde/status/1683798653863862273?s=20) here is a snippet of the names pardoned and please bring all your anger and emotions because this is a blatant abuse of power entrusted to him by the people of Kenya.

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1. Ismael Kalamasho Kabiru, he & three others, one deceased were charged vide HC criminal case No. 27 of 2009 with the offense of murder. Judge Grace Nzioka dismissed their appeal on grounds of it lacking merit on Nov 2021. Same applied to Mohammed Alango Durbu 3rd accused
2. Simon Ndugu Ngugi, criminal case 52 of 2013, together with a co-accused were charged with having carnal knowledge of a 6-year-old girl whose court papers identified as E.W.M., an alternative to the charge of defilement they were charged with committing an indecent act. Each of them was to serve a sentence of 40 years. The evidence adduced in court states that Ngugi placed his male shaft in the complainant, E.W while his co-accused held her mouth, Dr. Stephen Ndolo gave a medical report that E.W’s hymen was intact & as such it was only attempted defilement
3. Ann Wangari Mungai, Criminal Case No. 73 of 2001, was convicted & sentenced to death on 26/7/2004 for murdering her stepson. The same was commuted to life imprisonment in 2010. She appealed this decision & Judge Mumbua Matheka sent her to the coolers for 40 years in Oct 2020
4. Ann Ngonyo was pregnant at the time of her sentencing, and this meant that while her co-accused were sentenced to death, she was given life imprisonment. 12 suspects were charged with the murder of Lawrence Githinji Magondu. The famous Muruatetu case features here too.
5. James Githui Wathiaka first accused was together with seven others who were convicted on two counts of murder. That they are said to have committed in Nyeri County in 2005, ending the life of Mercy Ngima & Joseph Kagori on the same date. He had his daughter-in-law