System Ya Majambazi! Thousands of Kenyan Petty Offenders in custody unable to raise bail

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A recent study on the Criminal Justice System in Kenya showed that about 30,000 prison inmates have been incarcerated for petty offences after they failed to raise the mandatory bail to secure  freedom.  Most of them about 75 percent  are young and poor petty offenders.

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A past audit commissioned by the National Council on the Administration of Justice revealed that records at the stations showed numerous arrests but with few suspects taken to court. It also showed that a higher number of poor people are being jailed compared to the rich.

About 70 per cent of the cases taken to court are those related to petty offences like lack of business licences, being drunk and disorderly, creating disturbance, which can be classified economically or socially petty.

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In January last year, former Attorney General  Githu Muigai in a speech on Criminal Justice Reforms in Kenya acknowledged that “Our Prisons are populated by people who should not be in prison in the first place such as petty offenders.”

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The move is likely to bring to an end arbitrary arrest by the police. Investigations reveal that police exercise a high degree of discretion, and can decide to charge suspects with any offence thereby subjecting the members of the public, many of whom are unaware of their rights, to unparalleled human rights abuses.

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Police, reports indicate, sometimes conduct shoddy investigations and usually release those with money. Do you think that is fair?

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