The Senate Select Committee on Prison and Borstal Institutions wants the Constitution amended to address challenges facing convicts while serving their sentences.
Senators Zipporah Kittony, Joy Gwendo, Mutula Kilonzo Junior and Judith Achieng said prisoners are still facing many challenges hence the need to amend the law.
The senators also called for an overhaul of the criminal justice system that would allow petty offenders to get reduced prison sentences and give judges greater discretion in sentencing.
The Senators are looking forward to give judges the discretion to give sentences below the mandatory minimum for petty offenders to ease congestion in prisons.
The move would see the sentences of current inmates reduced by as much as 25 per cent by taking part in rehabilitation programs, if they are deemed to be at low risk of offending again.
The amendment would also create programs to help prisoners successfully re-enter society.
Among the senators’ goals includes making the sentencing system more fair, reducing recidivism, and curbing prison costs.
Senators were speaking in Kisumu during the tour of Kodiaga Main prison and Women prison on Thursday to collect views of prisoners on the challenges they face.
The Committee chair Fatuma Dulo said Senate will turn the views of prisoners into good legislation that will improve their welfare.
Fatuma said the Constitution only suspends the right to movement therefore convicts must enjoy other rights like other Kenyans.
Gwendo said the views from the convicts will help the committee come up with amendments that will improve the lives of prisoners.
She said prisoners had expressed issues with their living conditions calling for an improvement of the prison facilities.
“We want the convicts to have access to basic needs to make them more productive as they serve their sentence,” she said.
Gwendo said convicts should be given enough time to be with their families while they serve their sentences.
Kittony said prisoners should have better lives as envisaged in the constitution.
Senator Mutula called for the reinstatement of the remission to help decongest the prisons stating that Kodiaga main prison has more than 2,000 prisoners.
He proposed that convicts who have transformed such as paralegal prisoners should be released.
The Makueni Senator also stated that those serving short jail terms should be put on community service order.
“We want a system whereby those serving one year and below work in community activities to help build the nation,” Mutula said.
He also wants the prisoners to fully participate in elections by allowing them to elect their own to represent their views.
The inmates led by Vitalis Obonyo raised concerns over delayed hearing of cases making accused persons stay in remand for up to five years before their cases are concluded.
He attributed the delays on poor investigations by police officers with some of them having their files missing.
“We are calling on the Committee to probe the matter because some of us are serving jail terms without due process,” Obonyo said.
Julius Otieno, from a Capital remand asked Senate to help change the bond terms for Capital offenders saying the current amount was beyond their reach.
Charity Mueni urged the Senate to also look into the duration of cases of appeal which currently take long to conclude.