Death row inmates criticize new policy guidelines that recommend hanging

Prisoners on death row across the country have criticized Chief Justice Willy Mutunga over the new policy guidelines that recommend among other things hanging prisoners on death row.

Inmates at the Naivasha Prison noted that the move was ill informed saying that it would affect the ongoing reforms in all penal institutions and interrupt ordinary life in prisons across the country.

Jackson Wafula, an inmate on death row, told Citizen Digital that Naivasha Prison officials had given inmates serving long sentences a chance to reform by engaging them in activities that develop their skills in various areas.

“Some of us are in school while others are in the workshop learning carpentry and other related courses,” he said.

The 50-year-old inmate who was convicted in 2009 says he has since learnt the skill of artistry and has been drawing images of popular figures in the country.

Wafula opined that if fellow inmates on death row were to face the hangman’s noose, most of them would not see the need to reform.

“We have made numerous strides under the reforms that are currently being implemented and we do not know who advised these new measures,” he added.

Peter Mwangi, a prisoner serving a life sentence at the institution, said he has learned skills that could help him if he is pardoned, adding that the implementation of the directive by the CJ would affect prisoners psychologically.

Mwangi was sentenced to death in 1991 but the sentence was commuted to life imprisonment by President Mwai Kibaki.

“Some of these prisoners never committed the crimes they have been jailed for and others have their appeals pending in court,” Mwangi said.

“You can imagine working with a prisoner who is waiting to be hanged, it demoralises others and this could take back the gains made in reforming prisons,” he opined.

Another inmate, Samuel Kagiri, urged CJ Mutunga to allow prisoners to continue with normal programmes regardless of their sentences.

He noted that more than 1,000 inmates at Naivasha Prison have been convicted to hang but they have since mingled with others and are working together.

“We were given an opportunity to go to school and learn several courses that have impacted positively in our lives while our families are also given a chance to visit us,” he said.

On Monday last week, Mutunga launched the new policy guidelines that recommends among other things hanging inmates sentenced to death.

The policy was prepared by a team of Judges at the Judicial Training Institute led by Justice Msagha Mbogholi.

“Since the death penalty has not been abolished, judges must impose the death sentence with respect to capital offences. To curb their stay in prison, the court should recommend to the president to have a fixed time for a review of the cases, after which they should face death,” say the guidelines.

The new policy further makes it possible for a convict to be sentenced to death in more than one case, although the individual will be hanged as per the first sentence, with the others being held in abeyance.