Chief Justice Martha Koome has recommended the adoption of alternative sentences for petty offenders serving jail terms of up to three months.
In a statement on September 3, Koome stressed that offenders sentenced to less than three months should not be jailed, noting that the move would help decongest prison facilities.
She added that such offenders should instead be referred to community service or any other way through which they may usefully contribute to society.
“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,” said the Chief Justice.
During her first visit to Garissa G.K. Prison on Wednesday, September 3, authorities released 18 inmates to complete their sentences through community service.
Rehabilitation and Green Sentencing
Koome stressed that prisons should no longer be seen as places of condemnation but as centres of transformation.
She reaffirmed the Judiciary’s focus on ensuring that children in conflict with the law are rehabilitated rather than imprisoned.
“Children belong in schools, not prisons. We must provide rehabilitative avenues that allow them to grow into law-abiding citizens,” she said.
She added that the reforms aim to ease pressure on prisons while supporting the government’s environmental agenda through “green sentencing,” which assigns community service tasks such as tree planting and environmental restoration.
The Judiciary, working with the Prisons and Correctional Services, will carry out a nationwide decongestion exercise to ensure the criminal justice system delivers justice, humanity, and rehabilitation.
“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,” Koome said.
Two-Pronged Decongestion Initiative
Koome explained that the Prison Decongestion Initiative has two pillars upon which it relies.
The first involves bail and bond terms for the unconvicted group to ensure none of them are in prison just because they are unable to afford bail.
The second involves continuous review of sentences by High Court judges to maintain manageable prison populations and guarantee fair and equitable justice.
In Garissa Prison, for example, judges will review 20 cases to determine whether the convicts should complete their sentences through community service or other alternatives.
