Why disabled inmates feel neglected in Kenyan prisons

A blind inmate is assisted by a warder and a fellow inmate inside Naivasha Prison. [PHOTOS: ANTONY GITONGA/STANDARD]

NAKURU COUNTY: Behind the high walls at the Naivasha GK Prison, over 3,000 inmates mingle as they serve various jail terms. The prisoners include men from all works of life - men who found themselves on the wrong side of the law.

The facility is home, albeit temporarily, for some politicians, doctors, drivers, teachers, rapists, murderers, and former clerics turned robbers, all dressed in the familiar stripped prison attire. Some are condemned to death sentences, others are serving life imprisonment while others have more lenient sentences.

The prison compound, that is incidentally the largest penal institution in Kenya is ever a beehive of activity as inmates clean up or head to class or the industry.

But a group of prisoners stands out. Its members bask in the sun, chatting and playing a game of ajwa that comprises pebbles on a wooden trunk with several holes. The term is Luo. On a keener look, it emerges that the inmates are disabled and meet frequently to encourage and support one another.

They, too, joined in the World Disabled Day celebrations. There are about 50 of them, suffering from various forms of disabilities.

Their challenges are the same and include lack of special mobility services and kits to address their needs.

Structural design of the prison is one of the major challenges facing the disabled inmates who have to cope and adjust with life in prison.

Some inmates came to the prison with the disabilities, while a few got crippled while serving various jail terms and their lives have never been the same.

The CEO Disability Resource and Information Centre (DRIC) in Naivasha Josphat Kimemia attributes the problem in the prison to weak legislation.

He admits that inmates do suffer a lot right from arrest and through the court process to life in prison, adding that the State is to blame for this. “Even in courts there are no such interpreters and the deaf who are part of the disabled end up being locked up for petty or none existing cases,” he says.

According to Persons with Disabilities Act of 2003, disabled persons are entitled to free legal services in some cases.

Chapter 7 Section 38 of the act notes that the AG should provide persons with disabilities free legal services in capital cases.

But Mr Kimemia notes that the Act only addresses 60 per cent of their plight, leaving them at the mercy of the world. Kimemia says all the prisons in the country are not disabled-friendly, forcing the inmates to get double punishment as they try to adjust to the harsh conditions.

“In some courts and prisons, there are only stairs, making it hard for inmates using non-available wheelchairs to suffer,” he says.

Among the disabled inmates is Josphat Gashundu from Kakamega and is serving a life sentence.

His woes date back to 2004, when a mob set on him, plucking out one of his eyes.

SPECIAL CELLS

The 35-year-old, whose left leg was crippled due to polio at a tender age, found himself condemned to death before the president commuted the sentence to life.

“It is a big challenge being in prison when you are disabled as many segregate you and surviving becomes a major challenge,” he says.

He calls for special cells for the disabled, saying that though the prison management has done its part, a lot needs to be done.

The woes are summed up by 26-year-old Fredrick Mtambo an albino serving a death sentence for robbery with violence.

The Class Eight drop-out who hails from Kitale found himself on the wrong side of the law in 2008 and says that daily, he regrets his actions.

“I need special oil for my skin but this is not provided for by the prison and I therefore have to deal with the harsh weather conditions and sometimes getting medication is a problem.”

He adds that he, just like other albinos need special eye-glasses to deal with the strong light mainly during the day, but getting them is another challenge. The officer in charge of the prison, Patrick Mwenda admits that the disabled have various challenges but the department is committed to assisting them.

He says they have made provisions for special diets on some cases, adding that all the disabled live in ground cells due to the stairs. “The blind ones get attached to fellow inmates and we provide clutches to some, though our fear is that they could be used as weapons,” he adds.

Mr Mwenda adds that some of cases need not be in prison as they are completely disabled and have served many years behind bars.

He says that under the new Constitution, the power of mercy commission has been formed and there are high hopes that some of these cases shall be reviewed.

But despite this, Mwenda says that the prison is committed to reforming and imparting knowledge to all the inmates despite the conditions.