Kenya: Judiciary Takes Lead in Prisons Decongestion

Nairobi — The Judiciary has taken the lead in spearheading critical reforms in the criminal justice system to stem overcrowding in Kenya’s prisons, as part of efforts to foster proper rehabilitation of offenders.

Speaking during the launch of the decongestion initiative for Nairobi Prisons at Nairobi Remand and Allocation Maximum Security Prison-Industrial Area, Chief Justice Martha Koome said the Judiciary will promote the use of Community Service Orders (CSOs) by reviewing sentences, and where appropriate, releasing convicts to perform community service instead of serving time in custody.

The CJ, said the reforms include immediate and sustained strategic efforts to transform the correctional system into one that reflects the highest standards of justice and human dignity.

“The Rapid Results Initiative is designed with the primary objective of achieving a sustainable prison population that aligns with the established capacity of our correctional facilities. The current state of our prisons is untenable,” CJ Koome said.

The Chief Justice pointed out that the first phase of the decongestion initiative focuses on reviewing the bail and bond terms of the un-convicted persons currently in remand within Nairobi region. “This is being done based on the understanding that it is a fundamental principle of justice that un-convicted individuals are presumed innocent until proven guilty. Therefore, it is unacceptable for these individuals to remain in custody simply because they cannot afford bail or bond. Through this initiative, we aim to ensure that economic circumstances do not unjustly keep people in remand,” she explained.

The CJ added that long-term measures will be initiated to prevent unnecessary detention of un-convicted persons. “The Bail and Bond Policy has been in operation for some years now, and we are committed to ensuring its uniform application across the country. Magistrates will be sensitised to maintain predictability and fairness in imposing bail and bond terms, ensuring that the conditions imposed on bail and bond are within reach for most accused persons,” CJ Koome assured.

Additionally, the Judiciary is streamlining the process for posting bail, bond, and sureties to make it more efficient and expeditious.

“We are keen on ensuring that the turn-around time in our registry processes do not delay approval of bail, bond and sureties. In addition, we will put in place measures to ensure support to accused persons to process their bail, bond, and sureties,” said Justice Koome.

Another key intervention is the interoperability and integration of information systems between the Judiciary and the Prisons. “We have already established an interoperable system between the Judiciary with the Office of the Director of Public Prosecutions (ODPP) and are working to extend this integration to include other agencies, including the prisons,” she said.

The second phase of the initiative will involve continuous review of sentences by Judges of the High Court until a sustainable prison population is achieved. The CJ observed that the prison facilities in the Nairobi region alone host 9,458 inmates, of which 2,496 are convicts, and a staggering 4,962 are un-convicted persons awaiting trial, including civil debtors.

“This situation is made worse by the fact that some facilities like the Industrial Area Remand and Maximum Prison is operating at 200% of its capacity, effectively hosting twice the number of inmates it was designed to accommodate,” she highlighted.

The Chief Justice observed that such congestion severely undermines the ability of prison to fulfil their core function of rehabilitation and the reformation of offenders. “It is imperative that we restore the prison environment to one that supports the rehabilitation of offenders, as this is the only way we can hope to reintegrate them into society as responsible and reformed citizens,” said the CJ.

She added that during the last financial year, 2023/2024, the courts reviewed 6,555 sentences. Out of these, 2,918 individuals were deemed suitable for release under community service orders. The CJ explained that the Judiciary is also placing a strong emphasis on restorative justice as a means to foster social harmony within the community by promoting victim-offender reconciliation through mediation within prisons, we aim to facilitate the reintegration of released individuals into society.

“Another critical aspect of our criminal justice reform agenda is the strengthening of plea-bargaining processes within the criminal justice system. By doing so, we aim to expedite trials, reduce the backlog of cases, and ensure that justice is expeditious.”

She pointed out that there is a commitment to divert children who find themselves in conflict with the law from the formal criminal justice system. “Children belong in schools, not prisons, and we must provide rehabilitative avenues that allow them to grow into law-abiding citizens”.

Similarly, petty offenders should not be subjected to incarceration. Instead, they should be diverted to community service or alternative sentencing options that enable them to contribute positively to society. “For instance, prison sentences of less than three months should be replaced with offenders being assigned to community service projects instead,” CJ Koome said.

Chief Registrar of the Judiciary Winfridah Mokaya said it is imperative that all agencies work together to ensure prisons do not burst at the seams with offenders. “This is particularly important in modern times when premium is placed on the human rights of all, including those found in conflict with the law. Indeed, such persons need even greater protection given that some of their fundamental freedoms are limited through incarceration,” said the CRJ.

Others who addressed the gathering are Dr Salome Beacco, Principal Secretary, Correctional Services, Commissioner General of Prisons Patrick Aranduh Nairobi Woman MP Esther Pasaris and her Dagoretti North counterpart Beatrice Elachi.

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