Over 35,000 Pre-Trial Detention Cases To Be Reviewed In A Bid To Decongest Prisons

NAIROBI Kenya May 22 -A team of prosecutors has been appointed to review 35,000 pre- trial detention cases countrywide in order to decongest the prisons.

The Director of Public Prosecutions (DPP) Noordin Haji on May 22 said the prisons were seriously congested, with a population of over 60,000 individuals, while the total capacity of the 134 prison facilities that they are housed in should accommodate 30,000 persons.

“We must adopt the use of alternatives to prosecutions such plea bargaining and diversion. Presently, there are 35,000 pre-trial detainees countrywide, accounting for an estimated 51 percent of the total prison population in Kenya,” DPP said.

He added that the prosecutors will meet with remandees to determine the way forward in the resolution of their cases, including the application of alternatives to prosecution and trial.

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

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.

Already, 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 launch was attended by the Commissioner General of Prisons, Brigadier (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.

Others were the Board Member for Amnesty International Renee Ngamau, the Executive Director of Amnesty International Irungu and the Director of the International Justice Mission Benson among others.