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Kisii Man scores an ‘A’ in Prison and it sets him free

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Published on Wednesday, 08 April 2009 00:53

A prisoner who scored A Minus in the Kenya Certificate of Secondary Education (KCSE) examination is now a free man. Nakuru Resident Judge Lady Justice Martha Koome freed Justine Mabuka on Monday. Mr Mabuka, 24, who had been jailed for housebreaking, can now pursue his dream university degree. The judge commuted his seven-year jail term to time already served.  He scored an impressive A- with an A in Mathematics, A in Chemistry, A- in Business Studies, B in English, A- in Kiswahili, B+ in Biology and B in Geography.

Justin Mabuka celebrates after receiving his impressive KCSE results.

The judge made the review after, Mr Patrick Mwenda, the officer in-charge of Naivasha Prison, wrote a letter requesting Mabuka’s release to enable him pursue further studies.

In the letter dated March 17, Mwenda said a sponsor had volunteered to pay Mabuka’s fees to study a course of his choosing at any local university.  The prison authorities had requested the judge in the letter to replace the remaining jail term with probation.

"I humbly request your honourable court to consider doing a revision on the above case of the convict who attained an A- grade with a view to placing him on probation to enable him pursue a degree in medicine," the letter reads in part.  The officer said this would ensure Mabuka serves the remaining part of the sentence in a manner that will enable him study and realise his dream of becoming a doctor.

Good samaritan

"An organisation, Nuru Africa, has volunteered to sponsor him undertake the degree in any local university," said Mwenda. He added, "It is considered that the young and intelligent Kenyan deserves a chance to achieve his dream through the assistance of the justice administrative system and well wishers." Nuru Africa is an NGO that helps petty offenders in East and Central Africa.

He said the sponsor was ready to pay the fees as soon as Mabuka is released and urged the judge to consider the request. In her reply, Justice Koome said she was satisfied with the reasons outlined in the letter.

Ends of justice

She said the ends of justice would be served by placing Mabuka on probation to pursue his studies. 

Mabuka (second right) with fellow inmates and prison welfare officer Douglas Mugendi.

"In exercise of powers conferred to me under Section 364 of the Criminal Procedure Code, I hereby commute the seven years sentence to the period already served," she said. Mabuka was jailed for seven years for two counts of breaking and stealing. He was jailed for four years on one count and three years in the second.

When Mabuka received the KCSE results, he could not hide his joy. He said the excellent performance would bring him closer to his lifelong dream to practice medicine.  "I could not join secondary school at my home in Gucha but once I got the chance in prison, I took it and I am now reformed," he told The Standard.

Mabuka says he is remorseful for the crime he committed adding he had changed his ways. "I have faced many challenges in prison and want to follow my dream to study medicine," he says. Learning in prison, with hardly any books and using fellow prisoners as volunteer teachers, he says, was an uphill task.

A social worker at Nuru Africa says they decided to offer Mabuka a chance to display his exemplary talent.

Ms Alice Kaaria says she interviewed Mabuka and he told her he was raised by his mother and stepfather but dropped out of school. He did casual jobs and decided to go to Nairobi to seek employment in vain.

Back home

"He returned to Nakuru where he was arrested after committing the crime," she says. Nuru Africa Director Stephen Ndung’u says: "He committed the offence due to hardship and he says he is remorseful.

"He has a great future if he is assisted and returns to school."