Celebrating life imprisonment

By John Gerezani

If I were a judge or a magistrate in Kenya, I would consider resigning from the bench. When my appointing authority executes a well-choreographed manoeuvre that shows he has serious doubts about the quality of my rulings, it doesn’t take rocket science to realise that I’ve lost lustre.

Before any stones are cast my way, let me declare that I have nothing against the ermine robed, horsehair decked learned fellows. Even though some have been guilty of scoring own goals, I still respect them.

My argument lies in prezzo’s decision to commute death sentences to life imprisonment for over 4,000 netizens, 470 having exhausted all appeals. The rest were in different stages of appeal and it is a matter of conjecture how long it would have taken to dispose them. By commuting the sentences a week after stating that gava would reform the Judiciary and police force, was prezzo not tactfully telling the chaps "you have messed big. Kenyans have no confidence in you and I agree with them"?

By granting netizens with pending appeals anticipatory clemency, which the learned DPP said has no basis in law, was baba Jimmy not flashing the contempt card to the bench? Without regard to the law of sentencing in capital offences, did he predetermine the cause of guilty litigants who could as well tell the judges sitting in their appeals to pack off to Mars? "We will not suffer the death penalty you’ve just passed on us".

Baba Jimmy’s approval ratings amongst netizens is at all time high courtesy of the reforms witnessed since 2003.

Arduous task

However, when news filtered from the PPS dispatch, most smarters were befuddled since the relevant law had not been changed by Parliament. Many thought prezzo had in one stroke of the pen, obliterated the death penalty from our statutes to await formalisation by Parliament.

Armchair legal analysts can continue groping in the dark but the fact is the horse has bolted from the stable. The decision cannot be rescinded and we now have more than 4,500 lifers seeking ‘rehabilitative courses’ like tailoring and carpentry in an already over-crowded prison industry.

The department’s facilities are stretched to the limit and the once numerous contracts that kept them running have dried up. The machinery used is obsolete and in constant need of servicing. With reduced consumer demand, the products made are gathering dust in the showroom.

Work of saboteurs

Gone are the days when uniforms and leather boots for the disciplined forces were made by the department. Netizens mad at working without pay sabotaged by doing sub-standard work. Sly smarters ‘did tricks’ with the clothing materials meant for those contracts. Does that now answer your questions about how smarters acquired camouflage jackets (meant for APs) and why they spot different shades of uniform? And you still say ‘mfungwa ni mwizi?’ So how did netizens receive the big news? There were two faces on TV – the exuberant and the saturnine. The exuberant group have pending appeals and irrespective of whether their appeals succeed, they will never be locked up for 23 hours a day. To them, the storm was over and they could now see the sunshine.

The gloomy lot were in the 470 group that had been waiting the hangman.

According to my snitch in Kamiti, these chaps were hoping to be released like the 28 Baba Jimmy released in 2003. There was nothing to celebrate.

My pal informs me that ‘Neti Milele’, as life imprisonment is called, is more dreaded than the death penalty. "Look here Johny, one day you are in Hell’s den (Naivasha). After a month when the relas come to visit, they are told he’s been moved to Shimo. After saving for the journey to the Coast, they arrive only to be told he was moved to Kodiaga in Nyanza. By this time, they start entertaining doubts on whether the chap is alive or dead. On reaching Kodiaga, they are told he is at K44. The inmate eventually loses contact with their relatives and stress increases," he told me.

You must have seen and heard the recently released Masibai saying that all his family members were dead. But on getting home he found his three dotes were alive and in the States! How sad, but hey, my offers still stands. Anybody willing to resign?