Several death row convicts incarcerated at the Shimo La Tewa Prison have been set free after a review of their sentences by the High Court.
The High Court in Mombasa through Justice Erick Ogola also substituted the death penalty with jail time for another group of convicts on death row.
In his ruling early this week via video link to the 23 inmates, Justice Ogola noted that the death penalty was unconstitutional citing Supreme Court’s declaration of Section 204 of the Penal Code in 2017 which prescribed the death sentence.
The apex court in its ruling declared that the Section “jettisons the discretion of the trial forcing it to hand down a sentence already pre-determined by the Legislature”.
Robbery with violence, murder were the charges most the death row convicts were found guilty of. Those set free will have to wait until Tuesday next week to go home awaiting the signing of their release orders.
Paul Mwaniki, a death row convict who had appealed his sentence after the 2017 Supreme Court ruling, was among those freed after serving 20 years in jail.
“I have jailed you for 20 years but since you have already served those years, you are hereby set free,” said Ogola.
Hassan Juma, another death row convict, had his sentence reduced to 40 years in prison from the date of his conviction.