This archive report was first published on 28 August 2019.
On August 28, 2019, a landmark court decision was made in favor of prisoners serving long jail terms. Justice George Odunga of the High Court declared Section 46 of the Prisons Act unconstitutional, stating that it discriminates against capital offenders.
According to Odunga, the purpose of sentence remissions is to encourage prisoners to embrace good behavior and rehabilitation. He ruled that section 46 (1) of the Prisons Act, which denies remission to persons imprisoned for robbery with violence, is inconsistent with Article 27 of the Constitution on the right to equality before the law.
Odunga further declared that prisoners serving a fixed period of imprisonment are entitled to a remission of their sentence and should be released after serving two-thirds. He added that the fear of convicts failing to reform can be addressed by allowing authorities to consider individual prisoners' industry and conduct.
Five prisoners - Sammy Musembi Mbugua, Nicholas Mukila Ndetei, Sammy Kitonga Mukusya, John Muoki Mbatha, and Paul Mumo Muia - had petitioned the court, arguing that provisions of Sections 46 (1) of the Prisons Act were discriminatory. They had been jailed for between 15 and 40 years for robbery with violence.
Odunga ordered the Commissioner-General for Prisons, Wycliffe Ogalo, to check if the petitioners have served two-thirds of their terms and release them.
