NAIROBI, Kenya – In a move aimed at overhauling Kenya’s criminal justice system, Chief Justice Martha Koome has announced a series of strategic reforms designed to address the chronic overcrowding in prisons.
Speaking during the launch of a decongestion initiative at the Nairobi Remand and Allocation Maximum Security Prison in Industrial Area, CJ Koome emphasized the urgent need to transform the prison environment to better support the rehabilitation of offenders.
Central to these reforms is the promotion of Community Service Orders (CSOs) as an alternative to incarceration.
The Judiciary, under Koome’s leadership, is reviewing sentences and, where appropriate, releasing convicts to perform community service instead of serving time in custody.
This move is part of a broader effort to align the prison population with the established capacity of correctional facilities.
“The current state of our prisons is untenable,” CJ Koome stated, underscoring the severe overcrowding that plagues facilities like the Industrial Area Remand and Maximum Prison, which operates at 200% of its capacity.
She highlighted that such conditions undermine the ability of prisons to fulfill their core function of rehabilitating and reforming offenders.
The first phase of the decongestion initiative will focus on reviewing the bail and bond terms of unconvicted persons currently in remand within the Nairobi region.
Koome stressed that it is unjust for individuals to remain in custody simply because they cannot afford bail or bond, noting that the principle of presumed innocence must be upheld.
To ensure fairness and efficiency, the Judiciary is also streamlining the process for posting bail, bond, and sureties.
Magistrates will be sensitized to maintain predictability in imposing bail terms, while efforts will be made to expedite the approval processes to prevent unnecessary delays.
Another key aspect of the reform agenda is the integration of information systems between the Judiciary and the Prisons, enhancing collaboration and efficiency across the criminal justice system.
This initiative builds on existing interoperability between the Judiciary and the Office of the Director of Public Prosecutions (ODPP), with plans to extend this integration to other agencies.
The second phase of the initiative will involve continuous review of sentences by High Court judges until a sustainable prison population is achieved.
Currently, Nairobi’s prison facilities host 9,458 inmates, with over half of them being unconvicted persons awaiting trial.
CJ Koome also emphasized the importance of restorative justice in fostering social harmony.
The Judiciary is prioritizing victim-offender reconciliation and mediation in prisons, aiming to facilitate the reintegration of released individuals into society as responsible citizens.
Additionally, the Judiciary is committed to strengthening plea-bargaining processes to expedite trials, reduce case backlogs, and ensure swift justice.
There is also a strong focus on diverting children in conflict with the law away from the formal criminal justice system, advocating for rehabilitative avenues that allow them to grow into law-abiding citizens.
Chief Registrar of the Judiciary, Winfridah Mokaya, echoed the call for collaboration among agencies to ensure that prisons do not become overwhelmed 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,” she said.
Speaking during the launch of a decongestion initiative at the Nairobi Remand and Allocation Maximum Security Prison in Industrial Area, CJ Koome emphasized the urgent need to transform the prison environment to better support the rehabilitation of offenders.
Central to these reforms is the promotion of Community Service Orders (CSOs) as an alternative to incarceration.
The Judiciary, under Koome’s leadership, is reviewing sentences and, where appropriate, releasing convicts to perform community service instead of serving time in custody.
This move is part of a broader effort to align the prison population with the established capacity of correctional facilities.
“The current state of our prisons is untenable,” CJ Koome stated, underscoring the severe overcrowding that plagues facilities like the Industrial Area Remand and Maximum Prison, which operates at 200% of its capacity.
She highlighted that such conditions undermine the ability of prisons to fulfill their core function of rehabilitating and reforming offenders.
The first phase of the decongestion initiative will focus on reviewing the bail and bond terms of unconvicted persons currently in remand within the Nairobi region.
Koome stressed that it is unjust for individuals to remain in custody simply because they cannot afford bail or bond, noting that the principle of presumed innocence must be upheld.
To ensure fairness and efficiency, the Judiciary is also streamlining the process for posting bail, bond, and sureties.
Magistrates will be sensitized to maintain predictability in imposing bail terms, while efforts will be made to expedite the approval processes to prevent unnecessary delays.
Another key aspect of the reform agenda is the integration of information systems between the Judiciary and the Prisons, enhancing collaboration and efficiency across the criminal justice system.
This initiative builds on existing interoperability between the Judiciary and the Office of the Director of Public Prosecutions (ODPP), with plans to extend this integration to other agencies.
The second phase of the initiative will involve continuous review of sentences by High Court judges until a sustainable prison population is achieved.
Currently, Nairobi’s prison facilities host 9,458 inmates, with over half of them being unconvicted persons awaiting trial.
CJ Koome also emphasized the importance of restorative justice in fostering social harmony.
The Judiciary is prioritizing victim-offender reconciliation and mediation in prisons, aiming to facilitate the reintegration of released individuals into society as responsible citizens.
Additionally, the Judiciary is committed to strengthening plea-bargaining processes to expedite trials, reduce case backlogs, and ensure swift justice.
There is also a strong focus on diverting children in conflict with the law away from the formal criminal justice system, advocating for rehabilitative avenues that allow them to grow into law-abiding citizens.
Chief Registrar of the Judiciary, Winfridah Mokaya, echoed the call for collaboration among agencies to ensure that prisons do not become overwhelmed 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,” she said.
