In August 2009, the president of Kenya commuted the sentences of 4600 inmates on death row to life imprisonment. That was the same as taking money out of one pocket and putting it in another as they were still in prison indefinitely. They will still die in prison.
The whole world at that time thought that no more death sentences would be passed in Kenya, but that was far from the truth! The following week, 2 boys were sentenced to death for stealing 3 pineapples from a multinational organization. No human was injured during the incident, the dogs guarding the premises were injured and they were charged with robbery with violence and because they are illiterate and the police did not want to bother themselves with a trial, managed to convince them to plead guilty and they would be let of with a slap on the wrist. They were sentenced to death!
Murder, robbery with violence and treason carry the mandatory death penalty in Kenya.
The last execution was carried out in Kenya in 1987. Since then to 2009, 4600 people were sentenced to death. From 2009 to date around 2500 people have been sentenced to death, equating to about 500 people a year!
There is no dispute that crime is on the rise but not to this extent. The judges and magistrates do not effect true justice, rather are scared of releasing any person accused because they may be held accountable and lose their jobs.
In 2010, the people of Kenya overwhelmingly voted in a new constitution, which set in place a vetting board to weed out the rot in the judiciary. The board is meeting a lot of resistance from the judiciary and is extremely demoralized. For example, Justice Muga Apondi was vetted out by the board. He went to court and challenged the decision and the court intervened and put him back in office. The judiciary still believes in protecting its own. Justice Apondi was vetted out on proven allegations of corruption.
He then filed a petition in the courts saying that his dismissal was unfair and the court ruled that he should be given back his position as a judge of the high court.
Justice Apondi was proven to have taken bribes from influential persons to rule in their favour by the JMVB (Judges and Magistrates Vetting Board,) or to even convict or acquit people charged with criminal offences. For example there is a man on death row at the moment for murdering his parents. Apondi heard the principal witnesses in the case and recorded false proceedings, not what was said in court! The courts in landmark ruling said that if a judge has been dismissed, one may not seek redress from the courts unless the case in question was the one the JMVB relied on to dismiss the judge. Majority of the population feel that all cases that even remotely been associated with a judge who has been sacked, be heard and determined afresh.
The threshold to convict persons charged with capital offences in Kenya is extremely low and the figures show this.
Being on death row in Kenya is a gross violation of one's human rights. Overcrowding is the norm. A cell may hold up to 14 people who sleep on threadbare mattresses, sharing a single mattress between 4 people.
The diet is even worse and has no variation, a cup of porridge made from maize meal in the morning, 2 leaves of kale and a cup of ugali (maize meal) for lunch and a cup of beans and ugali for dinner. A piece the size of a child's thumb is given 3 times a week.
Kenya needs to do a lot in the spirit of change, yet the politicians are reluctant for reasons no one can understand. A husband who has killed his spouse's lover upon finding them in his matrimonial bed in a moment of passion or an armed robber who has committed numerous offences both live side by side, the first being a first offender, the later being a habitual criminal, a repeat offender.
If Kenya does not do something to deal with this plague in society, no progress will ever be made.
The courts ruled that keeping one on death row for over 3 years is a gross violation of their human rights, yet the president is not doing anything, nor are the courts.
In March 2011, parliament as stipulated by the new constitution passed an act called the power of mercy. To date no one has been released, the board members are simply pocketing their salaries and allowances and sitting back.
They went to Kamiti prison a few weeks ago and had queues of inmates waiting to be interviewed. Rather than interview all the inmates in the queue, they only interviewed the visibly sick!
Kenya is an ex British colony that gained independence 50 years ago. Unfortunately it is still stuck in 1963 yet the rest of the world has moved on.
God help inmates on death row in Kenya, and those that may unfortunately find themselves on death row.
Source: Op-ed by Rashi Bhalsani, June 19, 2013. Mr. Bhalsani is a graduate from Reading University, England. He was born and brought up in Kenya where he is currently incarcerated on death row. As a wrongly convicted inmate, he wishes to expose the plight of Kenyan prisoners to the international community. His main concerns are health, the judiciary and abolition of the death penalty.
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