Journalist Dola gets early release from jail

Moses Dola, a journalist who has spent over nine years in prison for killing his wife Sarah Wambui Kabiru, was freed on Thursday.

Dola, who was sentenced to 10 years had already served most of his term. He walked to freedom following a 2022 directive by Chief Justice Martha Koome aimed at decongesting the country’s overcrowded prison

Justice Alexander Muteti of the Milimani High Court Criminal Division approved Dola’s return to society, taking into account the nine years he had already served.

Judge Muteti also allowed Dola a chance to reunite with his son whom he had been separated from for over a decade following the death of his wife.

“In this case, justice is tempered with mercy. The court hopes that Dola will find a way to make his son understand why the mother lost her life in his hands. It is not an easy task and the families of the accused and that of the deceased must help the applicant and his son overcome the loss,” Justice Muteti ruled while freeing the journalist.

“The death was highly regrettable but since Dola has served the better part of his sentence, the remaining 4 months may not make much of a difference. Dola has learnt the things he must never do in his life, hopefully.”

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  Ex-Journalist Moses Dola, in prison for 10 years over wife's murder, freed

According to Muteti, Dola went to prison at the young age of 29.

“He will turn 43 years of age in October 2025. Quite clearly, he has spent a very crucial portion of his youth life in prison,’ the judge noted 

In his ruling, the judge issued an order for Dola’s immediate release from prison, unless he was lawfully held for another reason.

Dola had been incarcerated at the Kamiti Maximum Security Prison after he was convicted of manslaughter following the death of his wife in 2011.

Initially charged with murder, the court reduced the charge to manslaughter and Dola was sentenced to 10 years in prison after pleading guilty as part of a plea bargain in 2018.  

The decision to free Dola came after he filed an urgent application in October 2024 requesting his release, despite having only less than five months left on his sentence. He was expected to be freed in July this year.

His request was rooted in a 2022 directive issued by Chief Justice Koome, which instructed the review of criminal cases across the country in an effort to decongest prisons. 

The directive aimed not only at facilitating the rehabilitation of offenders but also at addressing the pressing issue of overcrowding that had plagued the country’s correctional facilities.

Issued on December 7, 2022, Koome’s directive emphasized that High Courts, in collaboration with the Kenya Prisons Service, should review deserving cases for possible release, particularly for those who had shown genuine remorse, made efforts toward rehabilitation, and served significant portions of their sentences.

Dola believed he was a prime candidate for that review.

“The honourable Chief Justice directed all High Courts to conduct revisions in deserving cases, not only to facilitate the rehabilitation of offenders but also to address the urgent need to decongest our prisons. This process was to be carried out in collaboration with the Kenya Prisons Service. I humbly believe I deserve to be considered for this opportunity,” Dola stated in his application. 

In the application, Dola expressed profound remorse for the crime he committed, highlighting his regret and personal transformation, and describing the devastating impact it had on both his life and his family. 

He also highlighted the steps he had taken toward rehabilitation during his incarceration, including pursuing theological and legal training, and is nearing the completion of his law studies.  

“I am greatly remorseful and plead for leniency from this court. I have learned a hard lesson from this incident, and I am committed to becoming a good role model for others in the community to emulate,” Dola wrote in his plea. 

“As Confucius once said, we all have two lives. The second one starts when we realize we only have one. Nothing could be more true in my situation today,” he wrote.

His release comes barely five months after he had previously filed two unsuccessful applications, arguing that the time he had already served prior to his conviction had not been properly considered.

On October 8, 2024, High Court judge Hedwig Ong’undi dismissed his application in which he sought to have his release date from prison moved forward factoring in the 21 months he spent in remand before posting bail as well as the period between his conviction and sentencing.

According to his calculations, his projected release date should have been November 2023, not 2025, after accounting for the 21 months spent in remand, the four years spent in prison, and the remissions, which he believed should account for a third of his term. 

In his earlier rejected bid, Dola also argued that he had served an extra 27 days illegally at the time of filing the application and sought compensation.

Dola claimed he had been discriminated against by trial judge Roseline Korir who had treated him differently by failing to consider the time he spent in remand before imposing his 10-year sentence.

In her ruling, Justice Ong’undi noted that Dola had filed similar applications before the High Court in Nairobi seeking his release but they had been dismissed.

She stated that Dola should have appealed to the Court of Appeal if he was dissatisfied with the High Court’s decision to decline his request for a sentence review. On October 5, 2018, Justice Korir found Dola guilty of manslaughter after a lengthy trial that began in 2011.