• When a judge sentences an offender to prison, it can be to help that person reform from their criminal character and become a law-abiding citizen.
• A sentence serves to protect and preserve the well-being of the community by incapacitating the offender.
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Some years ago, one of my neighbors was arrested and charged with murder. He was later convicted and sentenced to imprisonment.
When former President Mwai Kibaki exercised his power of mercy, the man was released from jail.
The Power of Mercy is an Act housed under the Constitution in Article 133.
It is the power given to the President where he can grant a free or conditional pardon to a convict, postpone the carrying out of a punishment, either for a specified or indefinite period, substitute a less severe form of punishment or remit all or part of a punishment.
The Head of State usually acts under the advice of an Advisory Committee, formed for the purpose.
As a young curious girl, I would find myself wondering, "How could such a docile man have killed someone?"
I did not know him well before his jail time and I wouldn't claim to know him well now.
A sentence is ordered if someone accused of committing a crime is found guilty.
To most of us, when a judge imposes a sentence on an offender, that is meant to simply punish them.
As much as this is true - the Cambridge Dictionary defines sentencing as deciding and saying officially what a punishment will be - there are other objectives.
According to Kenya Sentencing Policy Guidelines, there are at least six reasons why a judge will send you to jail for a custodial sentence or, or give you a fine or community service in what is termed as a non-custodial sentence.
Deterrence
This means discouraging an action through fear of consequences. Depending on the nature of an offence, one can be jailed for months or years.
Take for instance, defilement for a child of 11 years and below attracts life imprisonment while that of a child of 12 to 15 years is 20 years.
Jailing someone found guilty of such an offence can work to discourage others from the act.
Rehabilitation
When a judge sentences an offender to prison, it can be to help that person reform from their criminal character and become a law-abiding citizen.
In July, KNA reported that graduate prisoners at the Kericho medium prisons were coaching their fellow inmates.
The penal institution deputy officer in charge who doubles up as the Principal of the Prison High school, Senior Superintendent of Prisons (SSP) Lennar Chepkirui Chepkwony, said prison officials identified two inmates who have Bachelor’s degrees and assigned them the responsibility of preparing the prisoners for their KCPE exams. They also teach them various subjects in the secondary KCSE syllabus.
She revealed that the penal institution started the prison secondary school on April 27, 2022, with 13 inmates in Form One, while those preparing to sit for their KCPE national examinations are 19 at the prison primary school.
"The two graduate prisoners are remorseful for the offences they committed, and if need be, we would wish they would rejoin their teaching careers, and this will be our joy," she said.
Restorative Justice
This is an approach that seeks to address the needs arising from a crime such as loss and damage. It provides an opportunity for those harmed to talk about the aftermath of the crime.
It also promotes a sense of responsibility through the offender's contribution towards meeting the victims' needs.
Community Protection
A sentence serves to protect and preserve the well-being of the community by incapacitating the offender.
Jailing a serial rapist will ensure that the would-be victims are saved from rape.
It would also see that the victims get somewhat relieved to know their assaulter is paying for the crime.
Denouncement
This is to publicly condemn criminal conduct.
Jailing or fining a traffic offender will show that the law is indeed against the breach of the traffic act.
Retribution
The Cambridge Dictionary defines this as a deserved and severe punishment.
The sentencing policy directs that a verdict should be passed with the aim of meeting the above.
"As much as possible, sentences imposed should be geared towards meeting the above objectives in totality," it says.