Presidential pardon: Nine things considered before setting you free

County_Nairobi
By Hudson Gumbihi | Dec 13, 2016
Some of the inmates make vehicle number plates at Kamiti prison

There are allegations that about half of the 61 names were substituted after Uhuru officially announced on October 20 that he had pardoned thousands of petty offenders in a move to decongest prisons.

"We were surprised to see some convicts facing more serious offences that attract longer sentences walk free to freedom. There is no doubt they bribed their way out," said a source at the Yatta Prison.

Michael Kagika, Power of Mercy Committee-POMAC  chief executive officer did not rule out the corruption allegations, saying that some warders take advantage of prisoners' vulnerability to con them money.

"It is inherent when a person is in a tight situation to fall for anything that is likely to lessen his or her burden. Therefore in prison, convicts are likely to give money to wayward warders on the false promise that freedom will be granted," he stated.

WHAT IS CONSIDERED BY POMAC

  • The age of the convict at the time of commission of the offence.
  • The circumstances surrounding the commission of the offence.
  • Whether the person, for whose benefit the petition is made, is a first offender.
  • The nature and seriousness of the offence.
  • The length of period so far served by the convict in remand.
  • The personal circumstances of the offender at the time of making the petition, including mental and physical health and any disabilities.
  • The interest of the State and community.
  • The post-conviction conduct, character and reputation of the prisoner.
  • The official recommendations and reports from the State organs or department responsible for correctional services.
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