The Judiciary, in collaboration with the Prisons and Correctional Services, is undertaking a nationwide prison decongestion exercise.
The move aims to ensure that the criminal justice system upholds the principles of justice, humanity, and rehabilitation.
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 recognises the human potential in every person. We acknowledge that people make mistakes, and sometimes circumstances lead individuals down the wrong path,” CJ Koome said.
She spoke on Wednesday during an inaugural visit to Garissa G.K. Prison, where 18 prisoners were released to continue their sentences through community service.
The Chief Justice explained that the decongestion initiative aims to achieve a sustainable prison population aligned with the capacity of correctional facilities.
“Congestion severely undermines the prison’s ability to fulfil its core function, rehabilitation and the reformation of offenders. Overcrowded prisons are not conducive to humane living conditions, and without such conditions, the dignity of those incarcerated is compromised,” she said.
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,” the CJ said.
Justice Koome reiterated that petty offenders with prison sentences of less than three months should not be subjected to imprisonment.
Instead, they should be diverted to community service or other alternative sentencing options that allow them to make positive contributions to society.
She assured Kenyans of the Judiciary’s commitment to the diversion of 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."
The Chief Registrar of the Judiciary, Winfridah Mokaya, said the Judiciary has invested in reforms to ease congestion through the Bail and Bond Policy Guidelines, 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 modernising facilities, expanding non-custodial sentences, and strengthening rehabilitation programs, because incarceration should not be about punishment but about transformation and reintegration,” the CRJ said.
Deputy Commissioner General of Prisons Jane Kirii appreciated the adoption of ICT in the justice system and called for the expansion of ICT facilities in prisons to enable them to enhance access to justice.
