This archive report was first published on 27 September 2019.
Kenya's prison system has seen a significant reduction in congestion in recent years, thanks to a series of court rulings that have declared certain sections of the Prisons Act unconstitutional.
Since August 2019, several High Court judges have issued orders directing the Commissioner General of Prisons to grant remission to prisoners serving definite sentences, effectively reducing their prison terms.
One of the earliest rulings was made by Justice George Odunga on August 27, 2019, who stated that prisoners with definite sentences and those jailed at the pleasure of the President are also entitled to remission.
"Failing to consider the diverse character of the convicts, and the circumstances of the crime, but instead subjecting them to the same (mandatory) sentence thereby treating them as an undifferentiated mass, violates their right to dignity," Justice Odunga said.
Other courts have equally held that Section 46(1) of the Prisons Act is unconstitutional since it denies remission to persons sentenced to imprisonment for an offence under Section 296(1) of the Penal Code.
High Court Judge Weldon Korir, in a judgment delivered on April 12, 2019, stated that every convict, whatever offence they are convicted of, serving a determinate, definite or fixed prison term is entitled to remission.
"For a prisoner, remission is one of the beacons of hope of life outside prison. It is a motivating factor towards reformation," Justice Korir said.
As a result of these rulings, hundreds of prisoners have been released from jail, easing congestion in Kenya's prisons.
