Kenyan President William Ruto recently pardoned 57 people as part of the prerogative of the power of mercy under Article 133 of the Constitution. The President pardoned 56 Kenyan citizens and one foreign national.
28 of those who have been pardoned raise eyebrows as they had been jailed because of heinous crimes. The 28 were jailed because of rape, murder, causing grievous harm and robbery. They are:
1. Alfred Kimutai Kipkosgei – Defilement Of A 6 Yr Old Girl
2. Ezekiel Kipkosgei Chelimo – Defilement Of A Girl
3. Lelai Eregai – Murder
4. Cosmas Nzuki Valiki – Murder
5. Samuel Kilonzo Musau – Defilement Of A 7 Yr Old Girl
6. Reuben Mwangi Gitau – Defilement Of A 16 Yr Old Girl
7. Peter Kibue Wanyeki – Murder
8. Julius Yaula Sindani – Murder
9. Samuel Kipkoech Rono – Murder
10. Munyiri Ndirangu – Murder
11. Silvanus Emoit Sindano – Defilement Of A 4 Yr Old Girl
12. Sammy Lotore – Murder
13. Joseph Irungu Maina – Defilement Of A 9 Yr Old Girl
14. Samuel Korgoren Metiti – Defilement Of An 11 Yr Old Girl
15. Musyimi Ndava – Grievious Harm
16. Nicholas Mueke Mwania – Murder
17. Reuben Wairegi Waithaka – Defilement Of A 6 Yr Old Girl
18. Daniel Luca Kivuva Mbithi – Murder
19. Janet Karamana – Murder
20. Mehtab Ahmed Ali Hussein Shah – Robbery With Violence
21. Josphat Kirema – Murder
22. Simon Mwangi Maina – Defilement Of A 9 Yr Old Girl
23. Geoffrey Njuguna Kariuki – Defilement Of A 6 Yr Old Girl
24. Johana Maembe Kaloi – Murder
25. Christine Moraa Nyabando – Murder
26. Peter Kimani Mbote – Defilement Of A 16 Yr Old Girl
27. Jennifer Wanjiru Nganga – Eight Counts Of Murder
28. Harrison Mangale – Defilement Of A 7 Yr Old Girl
Pardoning individuals convicted of severe crimes like pedophilia and murder is a highly contentious issue globally, and in Kenya, there are strong arguments against such actions by the President, rooted in justice, public safety, and the integrity of the legal system.
Here’s why the President of Kenya should not pardon pedophiles and murderers:
1. Pardoning individuals convicted of heinous crimes like pedophilia and murder can deeply erode public confidence in the judicial system. It suggests that the immense efforts of law enforcement, prosecutors, and courts to secure justice can be arbitrarily overturned.
2. For the victims of pedophilia and murder, and their families, a presidential pardon can be a devastating re-traumatization. It dismisses their suffering, negates the justice they sought, and can feel like a profound betrayal by the state.
3. Pedophiles and murderers often pose a high risk of re-offending. Releasing them, even with conditions, places the public, particularly vulnerable populations like children, at renewed risk.
4. Pardoning individuals who have committed acts universally condemned as morally reprehensible sends a confusing message about the values the state upholds. It implies that certain acts of extreme depravity can be forgiven by executive decree, rather than through genuine rehabilitation and full accountability.
In Kenya, the Power of Mercy is advised by a committee that considers factors like the nature and seriousness of the offense. While the President has the final say, pardoning those convicted of pedophilia and murder would likely be seen as a grave misuse of this power, flying in the face of public opinion and the fundamental principles of justice and protection for vulnerable citizens.