Prison Reform In Kenya: How Much Has Been Done?

The year that just ended was, by any estimate, a poor one for the advancement of human rights. The arbitrary powers of arrest (and in some grim cases, murder) of people suspected of acts of terrorism, the proposed amendment of the Anti-Terrorism Act and the obstinate response to criticism of their almost totalitarian views toward policy-making, have all contributed to this malaise. This past year, however, has seen an issue that has been at the forefront for human rights’ campaigners, move imperceptibly to the rear. These are the rights of prisoners and the duty the state has towards them.

In March, Josephine Opar’s investigative report into the state of Legal Aid in this country, revealed some distressing facts. People living around the poverty line have little or no access to legal aid and often languish in our country’s jails for years before having their cases determined. This is the demographic that forms the majority of the prison population in this country and the problem will continue to simmer until it has been properly addressed. In our May issue, this theme was given different treatment: UP reporter Anyiko Owoko focussed on what efforts individuals within and without the system are making to improve the rehabilitation of teenagers that are the inmates of Kamiti Youth Correctional Training Centre. It is a tale of progress, painfully slow, but progress nonetheless.

Our October issue was much more upbeat. Elizabeth White, a human rights advocate working in Nairobi, got access to a successful program for rehabilitating remandees at the Nairobi Remand and Allocation Prison. The focus of her feature was the Kanga Afrika Dance Crew, a success story chock-full of determination and hope, courage and self belief.

The common thread here is the legal system and how it is failing those in the most need. It is a sad reality repeated across the world, that when poor people are charged with a crime, they are often packed off to remand without a second thought, as most of them can not afford bail or legal representation that will get them out pending trial. Where does the blame lie and how can this be rectified? The reality is that since UP first started asking these questions almost a year ago, little has changed.

The Legal Aid bill, which should have been signed into law and thereby giving millions of people hitherto unattainable access to legal representation and services, is still awaiting presidential assent for it to be enacted. Indeed, it has been criticized by top lawyers as poorly drafted and needing much work. So don’t expect any developments in the near future.

Indeed, the truth is that the government is actively formulating policies that will see more probably innocent, definitely frightened youths, crammed into the already overcrowded prison system. There has been a disappointing lethargy in the government’s approach to prison reform. Private individuals and organizations are taking a greater interest in the reform of the penal system in Kenya than the government - whose sole responsibility is guarding the rights and improving the living conditions of all Kenyans. Whatever your view of people convicted of crimes and what standard of living suits them, that all encompassing tenet of our criminal laws - innocent until proven guilty - means that remandees deserve to be treated with respect and given the means to better their lives after their uncertain stays in captivity is over.

Kanga Afrika Dance Crew are a shining example of what can happen if people who society has given up on can do, if their belief in themselves is augmented by tangible support. They have performed at a variety of events and since we first covered them, there has been progress: Paul Mumo and Job Wanjala were released in October and November and leader Ronald Wateba will have final determination on his case this month, after his trial concluded in November.