Kamiti Maximum Prison inmates follow a past function. Prisoner population hit 248,390 last year from 227,918. PHOTO | FILE
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A Judiciary taskforce says 56 per cent of inmates are remandees unable to raise money to secure freedom.
Stringent bail terms are behind congestion in prisons that has led to a biting food shortage at the correctional centres, a Judiciary taskforce has found.
The country’s 120 prisons currently house more than double their inmates capacity with about two-thirds of the population comprising of remandees – people charged with crime and either refused or unable to pay bail, and kept in prisons until their cases are determined.
The taskforce appointed by Chief Justice Willy Mutunga says the prisons designed for an average of 26,000 people a day were holding 52,143 inmates as at September last year.
It established that courts are slapping stringent bail conditions on fears that the suspects could abscond, leading to crowding. “Sadly, the majority of these remand prisoners are accused of petty and non-violent offences,” the team headed by High Court Judge Lydia Achode said in a report.
“While most police officers and courts recognise the limited nature of the constitutional right to bail and bond, they are still grappling with the question as to what entails ‘compelling reasons’ to warrant denial of bail. This has led to varied interpretations and application of the provision by courts and police leading to disparities in bail and bond terms,” Ms Achode said.
The taskforce established that in most cases where accused persons were released on free bond, they did not attend court, prompting the issuance of warrants of arrest.
This often doesn’t go down well with the police who have to execute the warrants.
The prisoners population last year rose from 227,918 to 248,390 with 56 per cent of them being remandees.
High food prices and the rising number of inmates have made it difficult for prisons to meet convicts’ food needs, according to the Prisons Department.
Sources at the department said it had been forced to cut inmates’ food rations, which are normally half-cooked ugali served with a sprinkle of beans or vegetables.
Prisons commissioner-general Isaiah Osugo told the Business Daily in an earlier interview that rising food prices and increasing number of inmates made it difficult for to feed convicts.
It’s normal to find more than 3,000 inmates sharing a prison designed for only 800, with majority of them charged with breaching drinking laws and petty thefts.
Official data shows that 23.3 per cent of the 109,629 inmates in prisons last year were charged under the Liquor Act, while 13.1 per cent or 14, 415 with theft of property.
Former President Mwai Kibaki started prison reforms which led to the introduction of better meals, TV sets and the replacement of tattered uniforms and mattress.
As part of reforms to the bail and bond terms, the Chief Justice last month said all bail fees paid in courts will soon be refunded instantly to curb the risk of abuse by judicial officers.
“The refund of bail money has been identified as one of the major handicaps in the justice system. The public finds the process long, opaque and out rightly frustrating. In consequence many of them have unfairly had to give up on pursuing their refunds,” the CJ said in an internal memo to staff.
“These administrative hurdles that courts put on bail refund process are not only immoral and unfair, but also manifestly illegal. There are also instances where there is a mismatch of the amount of bail granted in court and what is eventually paid. This state of affairs is no longer tenable,” Dr Mutunga further said.
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