Should a drunk addict be subjected to the criminal Justice System, convicted and charged with a 10 years imprisonment when such a person would best be subjected to behaviour correctional measures?
Scratch that, a group of civil society activists is calling for the decriminalisation of petty offenses in a bid to stop the gross violation of human rights of the poor and the vulnerable in the society.
#PettyOffences are inconsistent with Articles 2, 3 and 18 of the African Charter on the right to equality and non-discrimination #DecriminalisePettyOffencesNow pic.twitter.com/HhJyAXRttX
— ICJ Kenya (@ICJKenya) May 21, 2019
KNCHR Commissioner Susane Chirusa says most people criminalised and punished for petty offenses in Kenya are majorly in the cities and major urban centers.
Laws that create #PettyOffences are inconsistent with the principles of equality before the law and non-discrimination on the basis they either target, or have a disproportionate impact on, the poor, vulnerable persons, key populations or gender #DecriminalisePettyOffencesNow pic.twitter.com/n88mS8OWmE
— Moses Okinyi (@mosesokinyi) May 21, 2019
Speaking during a meeting on decriminalisation and reclassification of petty offenses with the ICJ Group, she suggested that a special alternative means of dealing with petty offenders be formed instead of subjecting them to a court process.
Majority of those in prisons are mostly pre-trial detainees and of largely petty offences.
Laws on petty offences were imported into Kenya by the British colonialists who used them to limit and control the movement of the indigenous Africans into the areas occupied by the white settlers.
In 2017, the Principles on the Decriminalisation of petty offences in Africa were adopted by the African Commission, becoming the latest development in regional efforts for acceptable human rights practices, specifically on matters of access to justice.
Network of African National Human Rights Institution (NANHRI) feel that if police can warn traffic offenders, loiterers and hawkers can also be warned.
If police can warn traffic offenders, loiterers and hawkers can also be warned; but most key- look for sustainable alternatives esp for economic activities considered criminal #DecriminalisePettyOffencesNow #DecrimConference @HakiKNCHR @ICJKenya @CHRAJGHANA @SAHRCommission pic.twitter.com/mfaQYmAUMA
— NANHRI (@NANHRI40) May 21, 2019
Dr Gilbert Sebihoge ED,(NANHRI) argues that criminalisation of petty offences leads to criminalisation of poverty.
He adds that petty offences are minor criminal acts which attract less severe punishment and are considered to be of a lower level of seriousness compared to felonies.
The petty offenses they want decriminalised include loitering, drunkenness, prostitution, idleness, begging, indecent exposure among others.
Approximately 10 women are arrested every day in Nairobi on suspicion of loitering in a manner likely to suggest that they want to engage in prostitution.
Do you agree that the vulnerable are targeted?