DP: Let miscreants take part in environmet conservation

Deputy President Rigathi Gachagua has challenged the Judiciary to give petty offenders sentences that will enable them participate in conservation of the environment.

Gachagua, who officially closed the three-day regional symposium on the greening of Judiciaries in Africa in Nairobi yesterday, noted that most of petty offenders are hustlers who cannot raise fines imposed on them.

“More than half of the detainees are petty offenders. Petty offences are punishable by a fine, jail term or both.  Most of these people are hustlers- in other words, they may not raise the fines. Instead of custodial sentences, I challenge the Judiciary to embrace environmental conservation sentences as has been recommended in a host of criminal justice reports,” he said.

Symposium hosted over 300 delegates including 27 Chief Justices from Africa to discuss how best to deal with climate change in Africa.

Gachagua, who was the Chief Guest of the event, noted that Kenya was taking the necessary steps relating to climate change, including supporting amendments towards strengthening the Climate Change Act 2016.

“I urge the public and other interested parties to comment comprehensively on the proposed amendments through the ongoing public participation process,” he said.

The Deputy President also did not fail to mention his corruption case, saying he was still healing from the trauma he went through before he became the Deputy President.

“Appearing before so many chief justices and judges is rather intimidating…You know in my other life before the people of Kenya decided to bring me to this side of the divide…I was a constant visitor before you, it was not very pleasant circumstances…So anytime you invite me, I’m a bit hesitant, but his continuance appearance before you complete that healing,” he said.

He said he counts on the Judiciary to issue precedence-setting judgements on implementation of the climate compensation model.

“Such judgements will also inform new laws or reviews thereof, for the benefit of the people…We must not forget strategies, policies and interventions with the most tangible benefits,” he said.

The DP further noted that President William Ruto was committed to protecting and promoting the independence of the Judiciary.

“He will allow you space and empower you to disperse justice without hindrance… his position is that the independence of Judiciary is good for any country and it is good for Kenya,” he noted.

Ministry of Correctional Services has been pushing for the deployment of Community Service Order as a way to decongest prisons. 

Principal Secretary for Correctional Services Mary Muthoni on March advised that the government will save billions of shillings annually by commuting jail terms for petty offenders to community service.

 Other projects

 “The government spends Sh270 daily to feed each prisoner. How much is the government spending to feed the about 60,000 prisoners across the country?” she posed.

 She said the resources saved would be directed to other government projects such as improving the living conditions of the correctional facilities.

PS spoke during a tree planting exercise at Marmanet Forest in Laikipia.

 She said the government is rooting for the use of alternative dispute resolution mechanisms in a bid to reduce the population of people in prisons.

  The PS revealed  that already her department was working with the Judiciary, probation and after care services to release petty offenders. Those targeted for pardon said are prisoners serving jail terms of up to a maximum of three years.

“Our prisons are overcrowded by young people of 35 years and below and we do not want them to continue staying there and yet they are energetic and can be used in national building activities,” the PS said.

 “Those that will be released will be those jailed for petty crimes and those who can demonstrate that they have changed their ways,” she added.

 During the occasion, Muthoni said 170 petty offenders whose jail terms were reviewed and released from the Nyahururu Main Prison through CSO would be used to tend the planted trees.

 “We will be working with the probation and the aftercare services for follow up and reconciliatory platforms at the villages to ensure that they have been reintegrated back to the society,” the PS said.

Laikipia Governor Joshua Irungu said the county government will work with other national government departments to ensure that those released were properly reintegrated back to the society.