By Grace Gilo
The Judiciary, in collaboration with the Prisons and Correctional Services, has launched a nationwide prison decongestion exercise.e.
The initiative aims to uphold the principles of justice, humanity, and rehabilitation within the criminal justice system.
Speaking during an inaugural visit to Garissa G.K. Prison, where 18 prisoners were released to continue their sentences through community service, Chief Justice Martha Koome noted that the criminal justice system has undergone significant transformation over the years.
She highlighted the shift from a punitive model of incarceration to a more progressive approach focused on rehabilitation, reintegration, and restoring dignity.
“We are moving away from the old approach that focused solely on punishment, where those who came into conflict with the law were seen as beyond redemption, towards an approach that recognizes the human potential in every person. We acknowledge that people make mistakes, and sometimes circumstances lead individuals down the wrong path,” said CJ Koome.
The Chief Justice explained that the decongestion initiative seeks to establish a sustainable prison population that aligns with the capacity of correctional facilities.
She stressed that overcrowded prisons severely undermine the ability to rehabilitate and reform offenders, leading to compromised living conditions and diminished dignity for those incarcerated.
One of the key strategies in the decongestion effort, she added, is the promotion and expansion of Community Service Orders (CSOs).
“The Judiciary is committed to reviewing sentences and, where appropriate, releasing convicts of petty and minor offences to perform community service instead of serving time in incarceration,” said the Chief Justice.
She noted that individuals with sentences of less than three months for petty offenses should be diverted from imprisonment to more constructive sentencing options.
Furthermore, CJ Koome highlighted the importance of rehabilitating children who come into conflict with the law.
“Children belong in schools, not prisons. We must provide rehabilitative avenues that allow them to grow into law-abiding citizens,” she said.
Justice John Onyiego, the Presiding Judge in Garissa, lauded the cooperation between the court and the prisons and highlighted the role technology has played in expediting justice.
“The High Court in Garissa visits the prisons every quarter with a view to decongesting them and fast-tracking cases of those in remand. Further, the use of virtual proceedings has made it easier to expedite justice, which earlier encountered delays occasioned by inadequate transport and elaborate security requirements for the physical movement of inmates to court,” he remarked.
Chief Registrar of the Judiciary, Winfridah Mokaya, added that the Judiciary has invested in reforms to alleviate congestion, including the implementation of the Bail and Bond Policy Guidelines and the use of community service orders and collaboration with justice sector partners under the NCAJ.
“We welcome the ongoing government discussions on prison reforms, including modernizing facilities, expanding non-custodial sentences, and strengthening rehabilitation programs, because incarceration should not be about punishment but about transformation and reintegration,” said the CRJ.
Deputy Commissioner General of Prisons, Jane Kirii, commended the integration of ICT in the justice system and advocated for the expansion of ICT facilities in prisons to improve access to justice.