This archive report was first published on 21 June 2020.
Kenya's Criminal Justice Reforms: Progress and Challenges ¶
June 21, 2020
As the Chair of the Committee on Criminal Justice Reforms, Lady Justice Ngenye reflects on the progress made in transforming the sector, despite facing numerous challenges.
The journey to reform the criminal justice sector in Kenya began with an audit by the National Council on Administration of Justice (NCAJ) in 2015, which identified several challenges, including a high percentage of petty offenses at the entry point (68%) and systemic, structural, and agency challenges across the Judiciary, police, prosecution, prisons, probation, and Children's Department.
The existing legal framework is not sensitive to the needs of the youth, leading to a high percentage of pre-trial detainees aged between 18 and 35 years (75%). Additionally, the number of poor people arrested, charged, and sent to prison is disproportionately high compared to the well-to-do.
Chief Justice David Maraga established the NCCJR in 2018, with the mandate to comprehensively review the sector and provide recommendations for necessary reforms. The Committee has engaged stakeholders, visited institutions, and identified administrative, legislative, policy, and other challenges facing each institution.
Key recommendations include decriminalizing petty offenses, reclassifying them, and developing a tool for assessing compliance with the United Nations Standard Minimum Rules for Treatment of Prisoners (Mandela Rules). The Committee has also formulated a draft legal policy document and will soon start the process of formulating the Legal Amendment Bill.
The National Criminal Justice Reforms Conference in November highlighted the need for legislative reforms, including a substantive review of the Penal Code, Mental Health Act, Narcotic Drugs and Psychotropic Substances (Control) Act (1994), and the Sexual Offences Act.
Proposed policy reforms include providing legal aid to drug offenders, creating a service charter in every police station, and equipping, operationalizing, and decentralizing forensic labs.
Despite facing severely strained circumstances, limited funding, and other resources, the Committee remains committed to pushing forward the agenda defined by its mandate.
— Lady Justice Ngenye, Chair, Committee on Criminal Justice Reforms
