Petty offenders still languishing in police cells

By Standard TeamMost police stations are still crowded with petty offenders despite the provision in the new Constitution stating that such people should not be held in custody if an offence is punishable by a fine or by imprisonment for not more than six months.At the Nyeri Police Station a police officer revealed that petty offenders were still being held in crowded cells since the junior officers had not been told what to do."All we were told is that a suspect should not be in custody for more than 24 hours. The issue of personal bonds or cash bails is yet to be actualised here," said the officer, who did not want to be named.And the residents are up in arms over harassment by police on patrol."We wonder whether police will ever change. They are still arresting people and accusing them of loitering," said Joyce Njure.She said she was recently arrested by police officers along Gakere Road in Nyeri Town and had to part with Sh200 bribe to be set free."Police have a tendency of pitching tent outside entertainment joints after 11pm and bundling all those leaving the premises into a waiting car. They don’t even tell you the offence you are being arrested for," said Njure."Police will always be police even with the enactment of the new Constitution. I don’t think they are going to change." Central Provincial Police Officer John M’Mbijjiwe denied that police were harassing the locals.M’Mbijjiwe said he had not received any complaints against his officers going against procedures."If anyone has a complaint against a police officer or a certain station my door is open. Let them lodge their complaints and appropriate action would be taken," said the PPO.But in prisons things have started looking up. Central Provincial Prisons Commandant Duncan Ogore said all prison commanders have been instructed to compile a list of petty offenders in their facilities."Magistrates have started visiting the prisons to bond the petty offenders and decongest the facilities. We will have the actual figures of those released by next week," said Ogore.Congested PrisonsBut he said the prisons were still holding large number of prisoners.Petty offenders across Nyanza may still have to spend a few more days in remand, as prison officers acquaint themselves with the dictates of the new laws.The Standard On Sunday established that the Government is retraining its officers on the new laws.Provincial prison commandants are attending a refresher course at the Kenya Institute of Administration."The aim of the training is to enable us understand the provisions in the new laws," said one of the officers on condition of anonymity.He disclosed that they had prepared the list of the offenders but declined to say whether they were due for release.Some sources however told The Standard on Sunday that such a process might have to wait for the President’s nod.Kisumu based lawyer David Otieno says that petty offenders should be released on free bond if they fail to raise cash bail.Under the new laws, petty offenders serving between six months and three-year sentences are to be rehabilitated through the community service order. According to Gucha District Probation Officer Zachary Maroko, the new provision will strengthen the existing community service order and allow for rehabilitation of offenders. "Already 326 petty offenders are under the community service order in Gucha while another 110 are on probation," said Maroko. The officer cited intimidation, possession of changaa, assault, stealing farm produce, housebreaking, and stealing are some of the common petty offences. Gucha DC Mathias Rioba said the legislation had not taken effect to actualise the release of petty offenders."We are aware of the new Constitution, but it has to be broken down through subsidiary legislation to provide for how the exercise will be put into force," says Rioba.Kisumu OCPD John Mwinzi said the police were duty bound to keep suspects in cells only while they conduct investigations."People are reading a lot in the new laws. Some think they can just assault someone in public then they will be given free bond. Wrong," he says.Reports by Francis Ngige, Kepher Otieno and Kenan Miruka &#12288;

Petty offenders still languishing in police cells

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