This archive report was first published on 28 August 2019.
On August 28, 2019, the High Court in Machakos made a landmark ruling, declaring Section 46(1)(ii) of the Prison Act unconstitutional.
The Act had previously denied remission to prisoners serving life sentences or convicted of murder and robbery with violence.
However, in a significant victory for five prisoners from Machakos, the court ruled that all prisoners, regardless of their offense, have the right to remission.
According to Justice George Odunga, remission encourages prisoners to maintain good behavior, which can lead to a reduction in their sentences.
Under the new ruling, prisoners serving life sentences or convicted of robbery with violence will be entitled to remission, with their sentences reduced by a third.
However, this privilege can be withdrawn if a prisoner fails to maintain good behavior during their time in prison.
The ruling applies to all convicted prisoners in Kenya serving sentences for life and robbery with violence.
