The Office of the Director of Public Prosecution (ODPP) has embarked on a process of decongesting the Nakuru GK prison by having court sessions at the facility.

The two-day session brought together different stakeholders from the criminal justice system, including the judiciary, Probation department, the Law Society of Kenya, security agencies and the children’s department, where they hope to resolve at least 200 cases.

Stakeholders from the criminal justice system, including the Office of the Director of public prosecution (ODPP), judiciary, Probation Department, the Law Society of Kenya, security agencies and the children’s department at the Nakuru GK Prison where cases were being heard in efforts to decongest the overpopulated facility.

Photo credit: PURITY KINUTHIA / MTAA WANGU

Nine courts among them those from Kabarnet, Nairobi, Molo and Nakuru sat to hear all criminal cases against remandees except those of sexual assault. The courts targeted remandees who are willing to enter a plea bargain agreement and those who had qualified for diversions.

Senior Deputy Director of Public Prosecutions Vincent Monda, in a press interview, notes this exercise was long overdue to resolve the overcrowding at the correction facility which currently has 1,800 inmates against its capacity of 800 inmates.

Senior Deputy Director of Public Prosecutions, Vincent Monda, at the Nakuru GK Prison where cases were being heard in efforts to decongest the overpopulated facility

Photo credit: PURITY KINUTHIA / MTAA WANGU

“The essence of this exercise is to utilize our policies; diversion policy and plea bargain policy towards access to justice. That is why the officers have moved from the courtrooms to the prison facilities, to expedite the hearing of these cases and make sure they are concluded,” Monda notes.

According to Monda, the cases have been scrutinized to ensure they qualify for diversions and for plea bargain and are in accordance with the law.

Joseph Sergon, the Presiding Judge at Nakuru Law Courts clarified that the plea agreement will lead to a conviction and sentencing.

Joseph Sergon, the Preceding Judge at Nakuru Law Courts while at the Nakuru GK Prison speaks on the plea bargain which could help inmates serve less sentencing and go home early

Photo credit: PURITY KINUTHIA / MTAA WANGU

"You may get a conviction on the basis of a plea agreement today and then proceed to determine the sentence after giving them a chance to mitigate and all that. So, it's a very interesting exercise." Judge Sergon notes.

Additionally, Justice Margaret Waringa Muigai, Judge of the High Court Criminal Division and also Chairperson of the Community Service Orders Alternative Sentence notes that the exercise is not being done to release any inmates.

“Let me speak about plea bargain because it may look like a session to release people. It is not. An example is when you do not want children to relive the trauma of a case where murder was committed at home. In this situation you can process the case, leave out the children, call the victims and talk with them, call the other experts and the reports, and then finally the accused person on his own volition may agree to have served sentence and plead guilty because of the children,” she explains.

Margaret Waringa Muigai, Judge of the High Court Criminal Division and Chairperson of the Community Service Orders Alternative Sentence while at the Nakuru GK Prison speaks on the plea bargain which could help inmates serve less sentencing and go home early

Photo credit: PURITY KINUTHIA / MTAA WANGU

Justice Teresia Matheka, Judge High Court Kabarnet and Eldama Ravine notes that this is an opportunity for the inmates to either plea bargain for a lesser sentence or lesser offense before their case gets to the conviction stage.

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Court holds sessions at Nakuru GK Prisons in bid to decongest the facility

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