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The Directorate of Public Prosecutions has appointed a team of prosecutors to review 35,000 pre-trial detention cases in a race to decongest prisons.

DPP Noordin Haji, who has already been nominated to head the NIS, yesterday said prisons were congested, with a population of over 60,000, while the total capacity of the 134 facilities is 30,000 persons.

Haji said the overcrowding demanded urgent and effective mitigation measures, and, as a result, the prosecutors will meet with remandees to determine the way forward in the resolution of their cases, including application of alternatives to prosecution and trial.

According to the DPP, the situation was exacerbated by the excessive use of pre-trial detention.

As a result, Haji said the ODPP will engage with criminal justice stakeholders to facilitate expeditious resolution of pending cases throughout the country, and undertake to conduct research and develop strategies towards the mitigation of these crimes and decongestion of prisons.

“For instance, we must adopt the use of alternatives to prosecutions such plea bargaining and diversion,” he said.

Presently, there are 35,000 pre-trial detainees countrywide, accounting for an estimated 51 percent of the total prison population in Kenya.

In a bid to further decongest our prisons, the ODPP has reviewed 1,419 files from the Nairobi Remand Prison from Makadara, Kiambu, Milimani, Kibera, Ngong and JKIA Court Stations.

“From the files reviewed, we have observed that Makadara Court Station has the highest number of files at 882 files, followed by Kiambu Law Courts at 213 files and Milimani Law Courts at 206 files,” he said.

Preliminary analysis from the files reviewed reveal that robbery with violence constitutes the most prevalent offence at 405 cases, followed by Murder at 244 cases and Defilement at 204 cases.

He was speaking during the launch of the second phase of the All for Justice (A4J) Remand Case Review Programme and the Malalamishi Complaints system at the Nairobi Remand Prison.

The two programmes seek to inculcate transparency, professionalism, accountability and integrity in our service delivery to Mwananchi. They will also address the needs of individuals in remand and the concerns of citizens regarding ongoing cases.

Public feedback

The System consists of 2 modules– Complaints Management and Case Review Management– that allow the public to provide feedback on matters handled by the ODPP, as well as, to request for file review of cases pending before court.

The Complaints and Case Review System is an online application for the ODPP that allows members of the public to raise complaints and request for case reviews at the ODPP.

The system is accessible through the web portal malalamishi.prosecutions.go.ke. It provides a platform for filling in a complaint form or a case review form and securely tracking their status online.

Module one allows lodging of complaints and anonymous reporting to give room for whistleblowers. The Case Review Module, on the other hand, enables members of the public to request for a review of their cases by the ODPP.

The system is cost effective as going digital saves the office the cost of printing. It also easily accessible, 24/7 and also saves time spent on physical filing, besides providing real-time reporting.

The launch was attended by the Commissioner General of Prisons, Brig (Rtd) John Kibaso Warioba, the Director of Criminal Investigations Amin Mohammed, The President of the Law Society of Kenya, Eric Theuri, the Chairperson of the Kenya National Commission on Human Rights Roselyn Odede and the Director of the Witness Protection Agency Jedidah Wakonyo.