By Ben Musanje
Frank Mayanja Baine, the spokesperson for Uganda Prisons Service, has sought to clarify misconceptions surrounding the presidential pardon process after some media outlets incorrectly characterized it as a political tool.
Speaking at a media briefing at the Police Headquarters in Naguru, Baine emphasized that the prerogative of mercy is a constitutional mandate, not a presidential creation, and its application is grounded in fairness, legality, and national values.
The recent pardon of 1,798 inmates has sparked debate, with some critics claiming that the move was politically motivated.
Baine responded by stressing that the practice is clearly outlined in Uganda’s 1995 Constitution under Article 121, which gives the president the authority to grant clemency, but with significant safeguards to ensure it is applied justly and not arbitrarily.
“The prerogative of mercy allows the president to intervene in criminal justice matters compassionately. However, this power is exercised in consultation with the advisory committee on the prerogative of mercy, which ensures that decisions are fair, transparent, and aligned with national values,” Baine explained.
Baine’s comments come after a media house spent over an hour discussing the pardon, suggesting that it was a personal decision by President Yoweri Museveni to release his “friends” from prison.
The spokesperson called out the spread of misinformation, claiming that such discussions misrepresented the legal process. “This is not a presidential creation,” he asserted. “This power is rooted in the Constitution, and it is exercised following due process.”
Pardon Criteria and Process
Baine provided an in-depth explanation of how the pardon process works. He outlined that inmates are assessed based on several criteria, including the nature of their offense, their behavior in prison, their health status, and their readiness for reintegration into society. The committee also considers factors like age, vulnerability, and public safety.
According to the spokesperson, individuals convicted of serious crimes, including capital offenders, are not automatically eligible for pardon.
For example, inmates sentenced to death may be considered for clemency if they have completed the appeals process and have demonstrated good behavior.
Similarly, elderly inmates or those with terminal illnesses who have served a substantial portion of their sentence may be eligible.
Inmates serving sentences for minor offenses who have completed at least half of their sentence may also be considered for pardon, as well as pregnant or breastfeeding mothers.
However, Baine was clear that public safety remains a top priority in the decision-making process.
“The committee evaluates inmates with a comprehensive approach, taking into account their criminal history and overall conduct. For example, serial offenders or those who pose a threat to public safety are unlikely to benefit from a pardon,” he said.
Statistical Breakdown of Pardons
Baine also provided a detailed breakdown of the number of pardons granted in recent years. Between 2020 and 2025, a total of 1,798 inmates have been granted clemency.
Significant pardon events occurred in 2020, 2021, 2023, 2024, and 2025, with the most notable recent pardon occurring in October 2025, when 143 prisoners were released.
“Each pardon is carefully considered and based on reports submitted by Uganda Prisons Service. The number of pardons can vary depending on the nature of the requests and the president’s final decision,” Baine said, debunking claims that recent pardons were politically motivated.
The Prerogative of Mercy: A Constitutional Obligation
Baine concluded his remarks by reaffirming that the prerogative of mercy is an essential part of Uganda’s criminal justice system, aimed at decongesting prisons and offering a second chance to deserving prisoners. He emphasized that the president’s role in granting pardons is guided by the Constitution, not by political considerations.
“This is not about politics. It is about fulfilling a constitutional obligation. The process is rigorous and transparent, ensuring that only those who genuinely deserve a second chance are granted clemency,” Baine said.
He also reminded the media to be responsible in their reporting and to help the public understand the legal processes involved in granting pardons. “It’s essential to separate misinformation from fact, especially when dealing with issues of justice and the law,” Baine concluded. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
