Chief Justice Martha Koome on Monday, August 12, 2024, launched the Rapid Results Initiative (RRI) which seeks to decongest the country’s prisons to achieve a sustainable prison population.
Speaking during the launch of the initiative at the Industrial Area Remand and Maximum Prison, Koome stated that a significant number of individuals in prisons are yet to be convicted, adding that every accused person is innocent until proven guilty by a court of law.
“The Judiciary is committed to reviewing sentences, and where appropriate, releasing convicts to perform community service instead of serving time in incarceration,” Koome said.
The Chief Justice said that community service orders not only alleviate the burden on our prison system but also serve as innovative tools for supporting the government’s environmental conservation efforts through ‘green sentencing’ which commits such released persons to perform public duties such as tree planting and environmental restoration.
Koome revealed that during the last financial year, 2023/2024, the courts reviewed 6,555 sentences out of which 2,918 individuals were deemed suitable for release under community service orders.
She also noted that in the wider plan to promote plea bargaining and diversionary initiatives, petty offenders should not be incarcerated but should be diverted to community service or alternative sentencing options that enable them to contribute positively to society.
Koome on bail/bond terms
The head of the Judiciary decried the large number of people in prisons who failed to post their bail or bond terms, stating that the new judiciary reforms seek to review these terms to ensure they are within reach of accused persons.
“This is being done based on the appreciation that it is a fundamental principle of justice that un-convicted individuals are presumed innocent until proven guilty. Therefore, un-convicted persons ought not to remain in custody simply because they cannot afford bail or bond,” Koome added.
In the second phase of the RRI, Koome said the courts will have to review sentences every quarter to achieve a sustainable prison population which accords inmates’ dignity.
“The review of sentences process is critical in ensuring that our prisons do not become overburdened through overcrowding. Towards this end, I have issued a Standing Order for decongestion exercises to be conducted every quarter,” she noted.
State of prisons
The Chief Justice urged that long-term solutions should be crafted to ensure that the prison population does not spiral out of control, placing undue pressure on prison authorities and the government.
She also remarked that the prison facilities should be renovated to reflect the realities and demands of the present age.
“The current facilities were built many years ago and are no longer adequate to meet the needs of our growing population and the evolving nature of crime. There is an urgent need to expand remand facilities and upgrade existing prison infrastructure to reflect current realities,” Koome noted
She noted that prisons 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 pressure, she said, has made a prison like the Industrial Area Remand and Maximum Prison operate at 200% of its capacity, effectively hosting twice the number of inmates it was designed to accommodate.
