Kenya's death row convicts get a reprieve

Tanzanian national, Saidi Imako, 67, a death row convict at Kamiti prison. There was a major relief for 2,747 convicts after President Uhuru Kenyatta reduced their sentences from death to life imprisonment. (PHOTO: DAVID NJAAGA/ STANDARD)

There was a major relief for 2,747 convicts after President Uhuru Kenyatta reduced their sentences from death to life imprisonment.

They include 2,655 male convicts and 92 female even as the President released 102 long serving prisoners across the country.

Earlier, the Prisons Department told The Standard at least 4,500 convicts were awaiting their date with the hangman.

Assistant Commissioner General of Prisons David Macharia said prisons have been stretched by the convicts.

“Of course this number of death row convicts is big considering execution is not active these days which stretches prison resources. If it was still active, the numbers will be fewer and easier for us to take care of,” said Macharia.

However, the fate of 1,753 other convicts remain unknown.

“Following the signing of the documents at State House, Nairobi, some 2,747 death row convicts will now serve life imprisonment. This includes 2655 male convicts and 92 female convicts who will be removed from the death row to serve life sentences,” as statement by President Kenyatta read.

The pardon means those serving life sentences will increase to 6,947 from 4,203.

For 29 years, Tanzanian national, 67-year-old Said Imako has been in prison. He says conditions in prison are horrible with a single cell holding up to 14 inmates which is way beyond its capacity. Imako killed a man in a case of a love triangle.

Imako was arrested in Mombasa alongside four others after he killed the man. However, he declined to give more information about the incident that the occurred in 1989. He was later sentenced to death by Court of Appeal upon being found guilty of murder.

The former mechanic, considered the oldest at the Kamiti Maximum Security Prison says he has served in five prisons among them, Shimo la Tewa, Kodiaga Main, Naivasha Maximum Prison and is now at Kamiti.

“Two on my family members have since died while I am locked up here. The pain is unbearable. I am also battling high blood pressure and now surviving on medication on a daily basis. I feel this is unacceptable,” Imako said.

He added: “The notorious G Block has 59 cells. However, two are set aside for officers. This is where those on night shift sleep. I wonder why officers on duty should be allowed to sleep, even worse allocated rooms meant for inmates, while we are squeezed in these cells. What are they paid for? To sleep?” says Imako.

Imako fears that if one of them was to contract a disease, they will all get it because of the crowding.

The last last time death row convicts were committed to life imprisonment  in 2009 by former President Mwai Kibaki.

This comes as the debate on whether the death sentence should be abolished or not continues to rage on.

Legal professionals are divided on the matter. While some term hanging convicts a violation of the right to life, others say fidelity to the Constitution must not be compromised and that a judge must always do what the law says even if they have their own private views.

Even during interviews for the position of Chief Justice, the candidates had different views on the direction that should be taken when making judgement in cases of capital offences.  At the same time, some courts are arguing that keeping inmates locked up without knowing their fates is wrong and amounts to torture.

A Mombasa-based judge Anyara Emukule who was ruling in a petition against the death sentence said since there is no replacement for the right to life, killing a person is unjustified.

“The issue in this petition is the right to life. The question then becomes, what is a core and essential content of the right to life? The answer must be that the core and essential content of the right to life, is life,” the judge said.

It has emerged that up Sh280 million in taxpayers’ money is used every year for the the upkeep of death row convicts

At the same time, the Prisons Department has confirmed that there are 4,500 convicts in Kenyan cells awaiting execution of their sentences.

Macharia said this big number is undoubtedly taking a toll on the meager resources available for the upkeep of inmates.

Taking care of one convict, regardless of the offense, costs the government Sh175 a day, according to figures provided by the Prisons Department. This translates to Sh787, 500 everyday, Sh23, 625,000 a month and finally Sh283, 500,000 every year.

-Report by Kamau Muthoni, Graham Kajilwa and David Njaaga