President William Ruto has exercised his authority under the Power of Mercy Act 2011 to pardon Davy Koech, the former director of the Kenya Medical Research Institute (Kemri). Koech had been serving a six-year prison sentence since September 2021 after being found guilty of fraudulently obtaining Sh19.3 million.
In a move that saw 37 individuals granted clemency, President Ruto approved Koech's pardon upon the recommendation of the Advisory Committee. The decision to pardon him was officially ratified by Attorney General Justin Muturi through a gazette notice dated July 21, 2023.
Davy Koech, who had previously appealed the ruling by Magistrate Victor Wakumile, maintained that the verdict delivered in September 2021 was flawed. Nevertheless, the appeal was unsuccessful, leading to Koech's imprisonment.
Magistrate Wakumile's ruling found Koech guilty on three counts of fraudulent acquisition of public property and imposed a fine of Sh19.6 million or a six-year jail term.
The charges against Koech included irregularly acquiring Sh800,000 of public property from the research institution on August 17, 2006. He was also accused of fraudulent acquisitions of Sh6 million and Sh12.5 million from Kemri on December 12, 2006.
Additionally, Koech faced accusations of using his position to transfer Sh19.3 million held in the account of Vector Biological and Control Research. The magistrate presented compelling evidence that left no doubt about Koech's guilt in these matters.
In the same act of mercy, President Ruto also decided to commute all death sentences handed down before November 21, 2022, to life imprisonment, following the Advisory Committee's recommendation.
The pardon granted to Davy Koech raises discussions about the extent of executive clemency and its implications for justice and accountability in the country. While the Power of Mercy Act provides an avenue for pardoning deserving individuals, it also calls for careful consideration to maintain the integrity of the judicial process and ensure justice for all.