Say effects of rape and defilement cause much anguish and pain to victims

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Say effects of rape and defilement cause much anguish and pain to victims
Don't pardon terrorists, drugs and sex offenders, clemency team told
Say effects of rape and defilement cause much anguish and pain to victims
In Summary
• They said such offenders commit the same crimes once freed.
• The residents spoke at a public hearing led by POMAC at Mwatate CDF Hall.
Do not pardon drugs and sex offenders and terrorism convicts, Taita Taveta residents have told the Power of Mercy Advisory Committee.

They said such offenders commit the same crimes once freed.

The residents spoke at a public hearing led by POMAC at Mwatate CDF Hall.
The views will help create a legal and policy framework for the implementation of Article 133 of the Constitution.
Flora Ali, an activist, said rising sexual offences, child trafficking and drug cartels in the region posed a threat to the next generation.

"The government should be strict and considerate in equal measure while exercising mercy. The effects of rape and defilement cause anguish and pain to victims and the offenders should not be released without finishing their sentence,” she said.

Ali wants the committee to establish a counselling unit for those pardoned.

She said that many ex-convicts suffer from stigma from the society thus being pushed back to crime.

“Mental illness is related to crime. POMAC should therefore establish a way of giving psychosocial support to those released,” Flora said.

Patricia Mwashighadi, a young leader, called for the inclusion of a youth representative in the advisory committee. She asked for priority to younger offenders.

“More than 70 per cent of inmates are young people of productive age. In most cases, only the elderly are pardoned, leaving the productive age to languish in jail,” she observed.

Age of the convict, circumstances, nature and seriousness of the offence, period served, interest of the state or community and reports from prison and probation are used to determine who gets pardoned.

A prisoner must have served at least one third of their prison term or five years for those serving life imprisonment to be eligible.
Mwashighadi wants section 34 of the Power of Mercy Act amended to allow victims whose appeals are turned down to petition several times.
Residents urged the committee to create a process that will help ex-convicts get their certificates of good conduct at pardon.
They also want the committee devolved to the counties.
Activist Flora Ali speaks during a public participation forum on review of the Power of Mercy Act 2011 at Mwatate
SUBMISSIONS: Activist Flora Ali speaks during a public participation forum on review of the Power of Mercy Act 2011 at Mwatate
Image: SOLOMON MUINGI
Mwatate deputy county commissioner Damaris Kimondo said a multi-sectoral committee is needed to send recommendations to POMAC.
If formed, Kimondo said the committee should also receive a list of those pardoned for monitoring.
“The county committee shall play a key role in helping the ex-convicts regain their life. They should be monitored and supported to make use of their acquired skills,” Kimondo said.
POMAC chief executive officer Lydia Muriuki underscored the need to review the Act to create a more integrated framework.
She said harmonising the Act with the Prisons Act will create a multi-agency to handle petitions from people seeking presidential mercy.
Muriuki further noted that monitoring and counselling procedure is necessary for ex-convicts
“From today’s submissions from Taita Taveta county, we have noted that background checks before pardoning should be enhanced. Some inmates might pretend to have reformed only to go back and commit crime,” she noted.
She said the committee had received submissions from different counties against the pardoning of sexual offenders and serial criminals.
 
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