High Court holds court session in prison in a bid to ease congestion

Presiding judge Hedwig Ong'udi at the Nakuru GK Prison on October 25, 2023, after a court session. Also present were the Law Society of Kenya led by Nakuru Chapter chairman Henry Opondo and prison officers. [Kipsang Joseph, Standard] The process of decongesting correctional facilities in Nakuru County started with the High Court conducting a session at Nakuru Prisons on Wednesday. Presiding judge Hedwig Ong'udi reviewed the cases of 20 inmates, 18 males and two females, jailed for six months and below. The judge was accompanied by Law Society of Kenya branch chairman Henry Opondo, who represented the inmates for free. According to Ms Ong'udi, the 20 had been jailed by magistrate courts. Some of their offences included stealing, causing disturbances and causing bodily harm. "We have released the majority and substituted the sentences for some with probation and Community Service Orders (CSO)," she said. Those placed on probation and CSO, Ong'udi said, will undergo mentorship and counselling programmes. Among them included Mark Ondiek, jailed for four months or in default, was to pay a fine of Sh10,000 for causing bodily harm to his sister in August 2023. The court heard he was remorseful but unable to pay the fine and had already been in custody for 81 days. "The court set aside the convict's sentence and substituted it with three months community service at New Canaan Dispensary in Barnabas estate under supervision by the probation officer," she ruled. Paul Ngugi had been jailed for five months for creating a disturbance and abused his mother in September 2023. Having served a month and a half in prison, the court substituted it with six months probation with a warning not to repeat. Ong'udi said the exercise was a start in decongesting the prison. She regretted that the main prison had over 1,800 inmates, although its capacity stands at 800. "The Judiciary has partnered with LSK, the office of the Director of Public Prosecution, the probation office, and the prison administration to ensure the prison is decongested," she said. Ong'udi added that they also engaged the prisoners, listened to them, and advised them. Among the issues raised was age assessment for remandees. Ong'udi noted the problem with age assessment saw minors end up in adult prisons. "The majority have no official birth documents or identity cards, making it hard for their age to be known. Minors find themselves in prison with adults, which is dangerous," she said. She said the exercise ensured the inmates and remandees felt they belonged in society and were listened to and recognised. Opondo said lawyers visited prisons to ensure the theme for the LSK service week of decongesting prisons was met. He said LSK had been tasked with unlocking justice, including offering pro bono (free) services to inmates released. "We are also doing legal awareness week to reach out to as many litigants as possible. We are targeting litigants with no representation," he said. He said some issues include gender violence, decongestion of prisons and access to justice and alternative means to justice. Benjamin Boit, the deputy in charge of Nakuru GK Prisons, said the prison has 1,874 inmates instead of 800.

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