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CRIMINAL JUSTICE SYSTEM IN KENYA: An Audit Published by: National Council on Administration of Justice (NCAJ) Supreme Court Building, City Hall Way, Nairobi P. O. Box 30041 – 00100, Nairobi Tel. +254 20 2221221 NCAJ@judiciary.go.ke www.judiciary.go.ke and: Legal Resources Foundation Trust Lenana Road – Kilimani, P. O. BOX: 34720-00100, Nairobi Cell: +254 722 209822/ 735 573910 Email: info@lrf-kenya.or.ke | Web: www.lrf-kenya.or.ke Skypemail: legalresourcesfoundationtrust and: Resource Oriented Development Initiatives (<strong>ROD</strong>I) 2nd Floor Ruiru Catholic Church Parish Hall Cell: +254 - 720 - 717419 | +254 - 0722 - 307576 Email: rodikenya@iconnect.co.ke © 2016 National Council on Administration of Justice (NCAJ) in collaboration with Legal Resources Foundation Trust and Resources Oriented Development Initiatives This publication was funded by Open Society Foundations. ISBN: 978-9966-020-109 Copyright in the volume as a whole is vested in the NCAJ, LRF and <strong>ROD</strong>I Kenya: Permits free production of the extracts from any of its publication provided that due acknowledgment is given and a copy of the publication carrying the extracts is sent to the publishers’ offices. Printing and Publishing Consultants: Ascent Limited Email: info@ascent.co.ke 2
12 13 14 10 11 15 9 8 7 6 16 17 18 5 4 1.Mombasa 2.Taita Taveta 3.Makueni 4.Machakos 5.Nairobi 6.Nakuru 7.Nyamira 8.Kisii 9.Kisumu 10.Kakamega 11.Uasin Gishu 12.Turkana 13.Marsabit 14.Isiolo 15.Meru 16.Nyeri 17.Murang’a 18.Garissa 3 2 1 3
Page 3: National Council on the Administrat
Page 7 and 8: Right to liberty and security of th
Page 9 and 10: Duration of charges........……
Page 11 and 12: Bail amounts..............………
Page 13 and 14: Ensuring legal presentation........
Page 15 and 16: Practices around children....……
Page 17 and 18: 5.7. Access to sport and religious
Page 19 and 20: The Prisons....................…
Page 21 and 22: Chapter 4: Conclusions and Recommen
Page 23 and 24: IPOA JTF KNCHR LRF LSK MHA NCAJ NPS
Page 25 and 26: Population Sample Sampling The popu
Page 27 and 28: Our new Constitutional order demand
Page 29 and 30: Consultants: Rtd. Lady Justice Mary
Page 31 and 32: A key finding from the audit study
Page 33 and 34: Methodology The audit targeted eigh
Page 35 and 36: It was necessary to categorize offe
Page 37 and 38: Historical Development of Criminal
Page 39 and 40: not be remanded in custody for offe
Page 41 and 42: More safeguards against the abuse o
Page 43 and 44: prisons has been the practice in Ke
Page 45 and 46: esearch shows that “there has bee
Page 47 and 48: on the next normal Court day. 48 Th
Page 49 and 50: Every child accused of having infri
Page 51 and 52: other detainees in special cells. 6
Page 53 and 54: Migrants in Kenya are upon arrest a
Page 55 and 56:
ofthe inmates and guards. Currently
Page 57 and 58:
In some cases, such deprivations am
Page 59 and 60:
even elements of violations of pris
Page 61 and 62:
♦♦ ♦♦ ♦♦ Clear stipulat
Page 63 and 64:
individual has to be released. No i
Page 65 and 66:
Standards of Conditions of Detentio
Page 67 and 68:
well prepared and well served, as w
Page 69 and 70:
is an important factor as all inter
Page 71 and 72:
Moreover, prison records showed tha
Page 73 and 74:
The guidelines were launched on 1 s
Page 75 and 76:
Paralegals also play a great role i
Page 77 and 78:
The Police Service still faces a nu
Page 79 and 80:
esource mobilization and the ring-f
Page 81 and 82:
and transgender prisoners), the Cou
Page 83 and 84:
2.1 Kenya Police Findings In this s
Page 85 and 86:
Voi 200 7.05 100.00 Total 2,835 100
Page 87 and 88:
Murang’a 4,500 3.11 97.24 Makueni
Page 89 and 90:
Immigration offence This is a very
Page 91 and 92:
illegal because it is in a national
Page 93 and 94:
Table 7: Reason for release from po
Page 95 and 96:
and negative values, the duration o
Page 97 and 98:
Maua 19.15 48.88 68.03 13.16 18.8 V
Page 99 and 100:
clear difference between Saturdays
Page 101 and 102:
Table 14: Charges referred from pol
Page 103 and 104:
Makueni 2,918 1,400 48% Nyali 6,760
Page 105 and 106:
Violent Offences 2 4,970 10.96 69.1
Page 107 and 108:
of law enforcement officers rather
Page 109 and 110:
esult in administrative fines, whic
Page 111 and 112:
Improving prosecution There appears
Page 113 and 114:
epresenting cases enrolled in 14 Ma
Page 115 and 116:
Nakuru 6,600 Nakuru 7,900 Nyali 4,0
Page 117 and 118:
Malicious Damage 1,117 2.07 96.91 P
Page 119 and 120:
more serious offences were more lik
Page 121 and 122:
elow shows the composition of guilt
Page 123 and 124:
was imposed in 20% of cases, CSO’
Page 125 and 126:
Duration of cases In 63% of observa
Page 127 and 128:
Durations for incomplete cases Some
Page 129 and 130:
perception that the criminal trial
Page 131 and 132:
Policy and practice Rationalising t
Page 133 and 134:
Children’s Court Register Samplin
Page 135 and 136:
This brings into the question the a
Page 137 and 138:
Offences All observations relating
Page 139 and 140:
is a lower percentage than was obse
Page 141 and 142:
(4) Where a case to which paragraph
Page 143 and 144:
Some 37% of cases did not have an o
Page 145 and 146:
Perhaps it is time for a serious co
Page 147 and 148:
surveyed is represented in the tabl
Page 149 and 150:
Nakuru 280 9.52 95.24 Nyeri 140 4.7
Page 151 and 152:
Figure 3: Tribe or cultural affilia
Page 153 and 154:
Drugs 4 0.14 15.47 Drugs, Possessio
Page 155 and 156:
Duration in Remand Recall that for
Page 157 and 158:
Conclusions on Remand Homes Remand
Page 159 and 160:
Legislative Framework Recidivism Th
Page 161 and 162:
Table 1: Observations in the Crimin
Page 163 and 164:
Increased Sentence 48 0.88 56.69 Li
Page 165 and 166:
• Property offence cases more lik
Page 167 and 168:
• One-year completion rates The d
Page 169 and 170:
Ensuring legal representation The h
Page 171 and 172:
Methodology As indicated above in t
Page 173 and 174:
Nyeri Women (Capital 15 3.10 90.08
Page 175 and 176:
42 12 1.45 87.88 43 6 0.73 88.61 44
Page 177 and 178:
4 14 2.27 76.18 5 9 1.46 77.63 6 7
Page 179 and 180:
Findings: Men on Remand Number of m
Page 181 and 182:
43 25 0.26 89.39 44 84 0.88 90.27 4
Page 183 and 184:
Farmer 370 5.79 36.47 Fisherman 45
Page 185 and 186:
Offences The largest category among
Page 187 and 188:
Conclusion The profile of remand de
Page 189 and 190:
Table 1: Observations drawn from pr
Page 191 and 192:
Male admissions The total number of
Page 193 and 194:
Immigration 2,874 3.68 25.06 Malici
Page 195 and 196:
37 632 2.11 83.48 38 434 1.45 84.93
Page 197 and 198:
50 42 0.46 94.32 51 35 0.38 94.70 5
Page 199 and 200:
Tugen 4 0.02 100 Nandi 2 0.01 100 P
Page 201 and 202:
Offences against Children 0.21 1.38
Page 203 and 204:
Farmer 299 3.81 11.96 Fish Monger 1
Page 205 and 206:
Lawyers and paralegals to investiga
Page 207 and 208:
Courts Martial Courts Martial exerc
Page 209 and 210:
“(5) Despite clauses (1) and (2),
Page 211 and 212:
days thereafter unless the accused
Page 213 and 214:
That there were two observations fr
Page 215 and 216:
out on bond pending appeal. Corpora
Page 217 and 218:
The trial took two months before it
Page 219 and 220:
Case Study 5: Private E Private E w
Page 221 and 222:
Fair trial rights mean private defe
Page 223 and 224:
Thus the offence is not dealt with
Page 225 and 226:
Note there was initially no provisi
Page 227 and 228:
Internal Disciplinary Processes of
Page 229 and 230:
227
Page 231 and 232:
3.1. Conditions of detention at sel
Page 233 and 234:
♦♦ ♦♦ ♦♦ ♦♦ ♦♦
Page 235 and 236:
6. Access to toilets International
Page 237 and 238:
detainees do not stay for very long
Page 239 and 240:
conflict with the law may be remand
Page 241 and 242:
Nairobi Nairobi, Nairobi 2/12/2015
Page 243 and 244:
(2) Where the case of a child appea
Page 245 and 246:
the same offence. For cases in a co
Page 247 and 248:
♦♦ ♦♦ Rules 31-34, and 37 o
Page 249 and 250:
5.5 Adequate food and drinking wate
Page 251 and 252:
♦♦ ♦♦ Rules 49-55 of the Un
Page 253 and 254:
(Nairobi). All children qualifying
Page 255 and 256:
7.4 Discipline The UNSMR require th
Page 257 and 258:
9. Complaints and inspection proced
Page 259 and 260:
Persons deprived of liberty shall b
Page 261 and 262:
Deficiencies in service delivery ar
Page 263 and 264:
17. Serious consideration should be
Page 265 and 266:
♦♦ the level of occupation of t
Page 267 and 268:
CJS AUDIT 2015(CASE FLOW MANAGEMENT
Page 269 and 270:
Makueni 8 0 0 0 6 Marsabit 3 0 0 0
Page 271 and 272:
the prohibition of torture is a sub
Page 273 and 274:
some concern that there was such va
Page 275 and 276:
is, however, more problematic. Some
Page 277 and 278:
case of terrorism offences, the rem
Page 279 and 280:
The available square meter per pers
Page 281 and 282:
The poor conditions of police build
Page 283 and 284:
The UNSMR, in Rule 24(1), states th
Page 285 and 286:
the detainee’s expense and may be
Page 287 and 288:
All the stations confirmed that det
Page 289 and 290:
to apply alternative measures. When
Page 291 and 292:
13. Recommendations As is the case
Page 293 and 294:
19. All police stations should be i
Page 295 and 296:
♦♦ the level of occupation of t
Page 297 and 298:
Kisii 02/09/2015 Kisii Women 27/08/
Page 299 and 300:
The Prisons Table 3 presents the ba
Page 301 and 302:
♦♦ ♦♦ Rule 87(a) of the Uni
Page 303 and 304:
Record keeping The International Co
Page 305 and 306:
during consultations. This is viola
Page 307 and 308:
♦♦ Rules 31-34, 47 and 48 of th
Page 309 and 310:
Langata Women 6.3 17 107.1 97 1.10
Page 311 and 312:
Shimo La Tewa). From Shimo La Tewa
Page 313 and 314:
Compliance with religious dietary r
Page 315 and 316:
Bedding The Persons Deprived of the
Page 317 and 318:
some prisons do have a nurse that i
Page 319 and 320:
From all 26 prisons was it reported
Page 321 and 322:
of prisons reported that body cavit
Page 323 and 324:
♦♦ reduction in stage, or forfe
Page 325 and 326:
Incident register All the prisons r
Page 327 and 328:
that can be accommodated at any one
Page 329 and 330:
practices were reported from Meru a
Page 331 and 332:
Children present a particularly vul
Page 333 and 334:
Voi 150 100 1.5 Langata Women 655 4
Page 335 and 336:
15. Prisoners require a more varied
Page 337 and 338:
335
Page 339 and 340:
Overall Conclusions on Case Flow Ma
Page 341 and 342:
help to further extract children fr
Page 343 and 344:
It is recommended that the followin
Page 345 and 346:
of countries in Africa have set the
Page 347 and 348:
ecords are being typed manually. Ex
Page 349 and 350:
in respect of court holding cells.
Page 351 and 352:
People with disabilities are partic
Page 353 and 354:
Research Assistants Name Allan Odhi
Page 355 and 356:
Problem/ Findings 1. Significant pr
Page 357 and 358:
3. 70% of the cases referred to cou
Page 359 and 360:
Problem/ Findings 1. Magistrate Cou
Page 361 and 362:
Problem/ Findings Desired situation
Page 363 and 364:
3. 47% of pretrial detainees are il
Page 365 and 366:
Problem/ Findings 1. More Children
Page 367 and 368:
3. 15% of children were remanded in
Page 369 and 370:
6 High number of children held in p
Page 371 and 372:
2. High rate of imprisonment leadin
Page 373 and 374:
4. Conditions of detentions are not
Page 375 and 376:
(Footnotes) 1. Article 159 (2)(c) o
Page 377:
Court the maximum period of remand
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