Judiciary embarks on nationwide prison decongestion drive
Chief Justice Martha Koome said the initiative reflects a shift from punitive incarceration to rehabilitation and reintegration.
The Judiciary, in collaboration with the Prisons and Correctional Services, has launched a nationwide prison decongestion exercise aimed at promoting justice, rehabilitation, and humane treatment of offenders.
Chief Justice Martha Koome, who led the inaugural exercise at Garissa G.K. Prison, where 18 inmates were released to serve the remainder of their sentences through community service, said the initiative reflects a shift from punitive incarceration to rehabilitation and reintegration.
“We are moving away from the old approach that focused solely on punishment towards one that recognizes the human potential in every person. Overcrowding undermines prisons’ ability to reform offenders and compromises human dignity,” said CJ Koome.
The CJ explained that petty offenders, particularly those sentenced to less than three months, should not be jailed but instead serve community service or other alternative sentences.
Children, she added, must also be diverted from prisons into rehabilitative programs.
“Children belong in schools, not prisons. We must provide rehabilitative avenues that allow them to grow into law-abiding citizens,” she said.
A key strategy in the reforms is the promotion of Community Service Orders (CSOs), with the Judiciary reviewing sentences to ensure minor offenders contribute positively to society instead of serving custodial terms.
Garissa Presiding Judge John Onyiego said that quarterly prison visits and the adoption of virtual proceedings have expedited justice and eased congestion.
"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 requisite for physical movement of inmates to court," said Oyiego.
Chief Registrar of the Judiciary Winfridah Mokaya cited reforms such as the Bail and Bond Policy Guidelines, use of CSOs, and collaboration under the National Council on the Administration of Justice (NCAJ) as central to easing congestion.
"We welcome the ongoing government discussions on prison reforms, including modernizing facilities, expanding non-custodial sentences, and strengthening rehabilitation programs, because incarceration should not be about punishment but about transformation and reintegration,” said the CRJ.
