An inmate has filed a petition at the Embu High Court seeking to have the life sentence amended to a fixed term of service.
Kennedy Muriithi Kathiga, who is serving life in prison, argued that a life sentence is unconstitutional, cruel, inhumane and does not take into account the role of the prison service in rehabilitating convicts.
Kathiga said the jail term imposed on him has subjected him to endless physiological torture.
In an affidavit, Kathiga said the petition, which he urged the court to certify as urgent, deserved priority for quick disposal because he and all prisoners serving life sentence continue to suffer in prison.
The Attorney General, Justice and Legal Affairs Parliamentary Committee chairman and the Kenya Law Reform Commission have been cited as the first, second and third respondents, respectively.
Kathiga wants the court to task the defendants to review laws relating to life sentences.
“The court should direct the defendants to take up on their mandate and bring amendments to prison and judicial laws in conformity with the 2010 Constitution within a period deemed fit,” he said.
He claimed that life sentences are torturous in nature, with no date he holds on as his day to reunite with his family.
“It is physiologically tormenting. I’m a family man with no date to tell my visiting children when they should expect me back home,” he said.
Kathiga urged the court to declare that life sentences are ambiguous forms of punishment since they do not have a definite period.
Further, he wants the court to make a finding that the period he spent in custody was enough punishment and he should be freed.
When the case came up for mention on Tuesday, the petitioner was not in court and consequently, Justice Lucy Njuguna ordered that he be produced on February 23.
Earlier, Principal State Counsel Justin Kiongo faulted the petition and raised a preliminary objection to it, saying the AG is not supposed to be a party to the suit. He urged the court to dismiss the petition with costs.
