Pardons Are Constitutional, Not Political — Prisons Service Clarifies

Pardons Are Constitutional, Not Political — Prisons Service Clarifies

Uganda Prisons Service has dismissed claims that recent presidential pardons were politically motivated, insisting the process is guided strictly by the Constitution and a structured system of review.

Speaking to at police headquarters on Monday  journalists in Kampala, Prisons spokesperson Frank Baine criticized a section of the media for what he described as the “murder of the Constitution” when discussing presidential pardons without reference to the law.

Baine said Article 121 of the 1995 Constitution clearly spells out the Prerogative of Mercy, under which the President may grant clemency after receiving advice from a seven-member Advisory Committee chaired by the Attorney General.

“It is unfair to do disinformation. Pardon is not a presidential creation. It is a constitutional mechanism,” Baine said.

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Baine outlined the multi-stage process, beginning at individual prison units where eligible inmates are identified based on strict criteria, including conduct, remorse, productivity, health, and public safety concerns.
Reports are then reviewed by the Commissioner General of Prisons before being forwarded to the Advisory Committee, which submits recommendations to the President.

Once the President signs the instrument of pardon, Prisons is required to release the inmates or adjust their sentences within 24 hours, Baine added.

Categories considered for pardon include:

  • Death row inmates who have exhausted all appeals
  • Capital offenders with six months or less left on their sentences
  • Elderly offenders aged 64 and above who have served at least 75% of their sentence
  • Pregnant and breastfeeding mothers
  • Terminally ill or chronically sick prisoners
  • Petty offenders who have completed at least half of their sentences
  • Special cases demonstrating exceptional reform

Baine emphasized that unconvicted persons are not eligible, countering public speculation.

According to Prisons records, 1,798 inmates have been pardoned during the current presidential term (2020–2025). Key dates include:

  • April 22, 2020 — 833 pardoned
  • May 25, 2021 — 579 pardoned
  • January 3, 2023 — 13 pardoned
  • August 20, 2023 — 2 pardoned
  • October 15, 2024 — 130 pardoned
  • November 16, 2024 — 19 pardoned
  • October 4, 2025 — 143 pardoned

Baine said the variation in numbers reflects whether pardons originate from routine annual submissions or individual petitions routed through State House.

He rejected claims that recent pardons were linked to the political season, saying the President has consistently exercised his constitutional powers across the five-year term.

“Pardon is intended to extend mercy and support reintegration, and to help decongest prisons. It is not a political tool,” Baine noted.

Uganda Prisons is currently holding inmates across 269 prisons in 19 regions, with a staff establishment of 14,902 officers.

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