Kenyans serving jail terms in some foreign countries are set to be repatriated back to this country once bilateral agreements and treaties with the sentencing countries are put in place.

This follows the drafting of the Model Agreement for Negotiation on the Transfer of Prisoners expected to be completed soon. The Model Agreement is being drafted by the State Law Office under the direct guidance of Attorney-General Professor Githu Muigai.

The document will form the basis for the implementation of the Transfer of Prisoners Act, 2015 which came into effect on Oct 12, 2015.

Once the various legal structures are in place, Kenyan inmates in different countries will be repatriated to complete their jail sentences in Kenya.

The Model Agreement is also expected to detail the conditions for the transfer of prisoners as well as the eligibility of the transfers to Kenya and from Kenya.

The Attorney General has confirmed that the model agreement will form the basis for the exchange of prisoners between Kenya and other signatory countries to the Agreement.

It is estimated that close to 3,000 Kenyans are serving jail sentences in various countries with Kenyan prisons also holding a similar numbers of foreign nationals.

The Transfer of Prisoners Act 2015 is aimed at facilitating the transfer of persons serving jail sentences for criminal offences committed in Kenya or in countries outside Kenya while ensuring that the prisoners are accorded basic dignities in line with human rights laws and international conventions.

This will also allow the inmates to serve their sentences within the communities that they have ties with. Under the Act, the Model Agreement will only apply where an agreement exists between Kenya and another country.

Source: KBC