When a death row prisoner has his date with the executioner commuted and starts a lifelong relationship with the inside of a prison instead, he will usually continue to explore every avenue to escape a prolonged life behind bars. Those explorations seldom amount to anything, but in the case of two prisoners waiting out their life-term in a jail in Kenya, luck – and a failure of Parliament to sort out a conflict of laws – was on their side.
Peter Muindi and Jimmy Musila were originally charged and convicted of attempted robbery with violence. On conviction they were sentenced to death. Though the death penalty was commuted to life, they lost both their appeal attempts (to the High Court and the Court of Appeal) on the question of conviction and appropriate sentence. That seemed to be the end of the road: they would have to reconcile themselves to spending the rest of their lives in jail.