ICJ: Many Kenyans unfairly jailed due to ignorance of court processes

Homa Bay prisoners undergoing paralegal training conducted by International Commission of Jurists at the prison to assist them in defending themselves before law courts. PHOTO: COLLINS ODUOR

KISUMU: Gaps in understanding judicial processes during trial is a major contributor for people landing in jail unfairly, the International Commission of Jurists (ICJ) has revealed.

The commission noted that some inmates were being convicted simply because they failed to take advantage of available options they could use to bring forth a solid defence in their cases.

As a result, ICJ is training inmates and prison officers as paralegals to pass on knowledge to those still undergoing trials.

The commission over the weekend unveiled a programme in which 30 inmates and six prison officers from Homa Bay GK Prison will undergo training as paralegals to equip them with the necessary skills on court procedures.

Prisons Officer in Charge Jonahs Gotondo said most often those convicted hardly know any procedure to follow even when before a judge.

"The inmates have always complained that they did not understand some of the procedures that could have helped them win their cases, since some could not afford hiring lawyers," noted Mr Gotondo.

LEGAL SERVICES

Justice David Majanja who was present at the launch confirmed that there were gaps in the provision of legal services to the accused who cannot afford lawyers.

"For instance, in Homa Bay, we have few lawyers and four credible advocates and this is a challenge in the administration of justice," he said.

Justice Majanja indicated that it is because of this, that they have taken the initiative to train paralegals to help the accused with advice through their trials.

The judge said with inmates knowing their rights and court procedures, the programme will speed up the wheels of justice.

ICJ Deputy Executive Director Elsy Sainna said the move is aimed at ensuring the accused get justice during trials.

Commission Programme Officer Steve Ogolla advised inmates to allow the prosecution to establish that they have a case to answer and not plead guilty at the onset.

He said there was still hope even after exhausting appeals, which included exploring back-end programmes such good behaviour that could lead to being pardoned or their sentenced being reduced.

"Your good behaviour can guarantee you a presidential pardon after serving at least seven years in prison," said Mr Ogolla.

Meanwhile, Kakamega Main Prison for men over the weekend marked the African Correctional Day celebrations with a message to prisoners to change their ways in order to reciprocate the humane management of prisons adopted since 2008.

Over 1,188 inmates, including 270 from Kakamega Women's Prison, gathered at the main theatre of the men's prison to entertain guests with songs, pep talk, dance, poems and Bible quotes that left many in stiches even deep reflection.

Superintendent Sylvia Ngeiywa, who was chief guest, asked inmates to explore all avenues of appeal and tap into the humane way of correction offered in the institution.

"Keep hope burning in you even if you are serving a life sentence.

"Nothing is impossible with your Creator. Keep appealing and praying because in my service I have seen many who were sentenced to life released," she said.

The Africa Prisons Day was first celebrated in 2008 and this year's theme is 'Consolidating National Development Through Correctional Excellence'.