Thousands of petty offenders freed during COVID-19 pandemic

The COVID-19 pandemic and the consequent protective measures have instigated the release of over 10,000 petty offenders from prisons across Kenya. 

The Commissioner General of Prisons, Wycliffe Ogallo, reported this outcome which follows the plan of the National Council on the Administration of Justice (NCAJ) to decongest prisons. 

The NCAJ resolved that petty offenders who have been in correctional facilities for less than 6 months, and those who have less than 6 months to complete their terms in prison should be released. 

The NCAJ Chairman, Chief Justice David Maraga

 announced in April that the High Court had already started the review process to determine which inmates would be released. 

Aproximately 4800 petty offense inmates were released at the time to curb the spread of the pandemic. Currently, the 129 penal institutions have about 42,500 inmates. 

However the Kenya Prisons Service in a bid to avert the spread of the virus has set up  isolation centres for incoming offenders.

 Prisons have also resorted to the use of  technology for inmates to participate in virtual trials rather than open courts. 

The Deputy Inspector General in charge of the Kenya Police Service, Edward Mbugua, also gave a directive that new inmates should not be held at police cells. Instead they should be admitted in the respective prisons. 

The order states that, "Remandees are properties of the Kenya Prisons Service and should not be held at police cells unless the remand warrant directs so. The Kenya Prisons Service has to test them since they are no longer under the custody of the Kenya Police Service."