This archive report was first published on 22 October 2019.
January 2017 saw the release of an audit report into Kenya's criminal cases system by Chief Justice David Maraga, revealing a stark contrast in the treatment of petty and capital offenders.
While petty offenders are easily convicted and often jailed, capital offenders are frequently acquitted, have their cases resolved outside the court, or successfully appeal against their sentences.
The public is now calling for a change in the system, urging the government to allow petty offenders to serve their community service in their respective counties.
Moreover, the public is demanding that murder suspects be denied bail until proven innocent, as they pose a significant threat to public security, especially to witnesses.
Some murder suspects are even relatives of the victims, and granting them bail can interfere with the witnesses and evidence in the case probe, potentially leading to trauma and even threats to the witnesses' lives.
According to reports, a staggering 75% of prisoners in Kenyan jails are between the ages of 18 and 35, with many being minor offenders who cannot afford to pay the Ksh5,000 fine.
As a result, petty offenders like those guilty of drunkenness, touting, and traffic offenses are locked in jails, while murder suspects walk freely, having paid to be bailed out.
