Prisons crowded with remandees unable to pay Sh1,000 bail, report says

A sex pest is likely to get their freedom when the case is ongoing but a person accused of a minor offence such as assault is likely to languish in remand with hefty bail terms.

Indeed, a report by the National Crime Research Centre (NCRC) paints a grim picture of inconsistencies in court bail and bond decisions.

According to the report, Kenyan prisons are overcrowded with remandees who cannot afford bail amounts as low as Sh 1,000.

“Some people are in remand for failure to post bail as little as Sh 1,000, given their statuses as students, minors, unemployed, or low-income earners (usually casual labourers),” the report states.

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“Although police cells are less congested, except during special operations, unconvicted prisoners account for seven to eight out of every 10 of the total prison population,” the report says.

It also criticises the Judiciary and the Office of the Director of Public Prosecutions (ODPP) for delaying cases involving petty offenders.

The NCRC report proposes a timeline of six to 18 months for the resolution of these cases.

“There is a need to expedite criminal proceedings for those in remand. Cases should be concluded within a specific timeline, beyond which the court/ODPP should satisfactorily explain the reason for further delays,” the report states.

The report argues that police and judicial officers have failed to take all relevant factors into account when setting bail or bond terms. It also notes that some individuals have ended up in remand facilities, even though they could have been released on bond or bail.

“Prison numbers remain high, largely due to the large number of inmates who are accused persons and unconvicted offenders, despite the intention of the Bail and Bond Policy Guidelines (BBPG) to decongest holding facilities,” the report says. It calls for a re-examination of the bail and bond procedure guidelines to achieve better results.

According to the 2023 Economic Survey by the Kenya National Bureau of Statistics, the prison population increased by 5.9 per cent from 160,121 in 2021 to 169,579 in 2022, and to 248,061 in 2023. The number of unconvicted prisoners (remandees) increased by nine per cent to 103,159 in 2022, accounting for 60.8 per cent of the prison population. This figure rose to 167,990 in 2023, representing 67.7 per cent of the inmates.

The report also reveals that many pre-trial detainees are young individuals from impoverished backgrounds with limited or no formal education.

“Many of these young detainees face minor charges such as causing disturbances, loitering, brewing illegal alcohol, engaging in illegal transportation, minor traffic violations, petty theft (such as shoplifting), disorderly conduct due to intoxication, and trespassing.”

It also highlights cases where children are being held in prisons because their families cannot afford the high bail or bond amounts demanded by the courts.

“Some remandees complained that they were never given reasons why they were denied bail or bond,” the report notes.

Delays in processing bond documents have been cited as a key reason for the continued detention of offenders, contributing to overcrowding in remand prisons.

The report further emphasises that, despite Kenya having a policy on mental health, the Judiciary and prisons are not paying adequate attention to it. “Cases of mental health among accused persons, including those in remand prisons, need specific attention,” the report states.