All posts by : CSP

Celebrations at the Nairobi West Prison as 40 inmates graduated today as paralegals after a 2-week training under the Crime Si Poa, Access to Justice Program. The remand and convicted inmates have been awarded certificates after successfully completing the customized training aimed at equipping them with legal knowledge and skills to assist them as well as their colleagues in accessing justice.

“I am glad to be one of those graduating today. This not only gives us hope but also helps close the criminal justice gap. I feel like a lot needs to be done as far as crime awareness is concerned. Many inmates do not know which acts are considered criminal and which acts are not. Little effort has been put in place to ensure people get the knowledge on crime hence such initiatives as this are much needed in prisons, ” said an inmate (name concealed).

According to Sylvia Morwabe, Programs Director at Crime Si Poa, most inmates in Kenya do not have access to legal representation which adversely affects their trials. The training will thus help the inmates navigate the justice system better leading to fewer miscarriages of justice and wrongful convictions.

“Big congratulations to all graduates for successfully completing the set course. This has been an interactive class. With paralegal skills, the inmates will have an understanding of the law to ensure they get just and fair trials,” said Morwabe.

The training curated and conducted in partnership with the Law Clinic of Strathmore University covered key areas of the criminal justice system, including legal areas such as the trial process, essentials of a fair trial, law of evidence, appeals & reviews, amongst others.

“I appreciate Crime Si Poa for this initiative. There is great importance attached to how you present and conduct yourself while in court. Through the program, inmates have been equipped effectively in order to effectively handle their cases. We ask for more reading materials in order to advance this initiative in prison,” said Regional Commander, Henry Kisungu.

Speaking during the awarding ceremony, Deputy Public Prosecutor in the Office of Director of Public Prosecutions Ms.Emily Kamau, applauded the graduates for the milestone achieved in attaining legal know-how and encouraged them to continue with the pursuit to learn more.

“I have seen many people who have built successful careers having gone through prison. We know of Nelson Mandela among others. It, therefore, does not mean that this is the end, there is still a future for you all. ” She said.

Does the law only work for the rich? This is a statement that is often used among Kenyans and the majority of Africans in countries where access to justice is a nightmare. The years of constant injustice experienced by individuals and as captured by the media help brew this perception. For a very long time, many people have had to grapple with the idea that knowledge of the Law is utterly useless. 

Testaments from Inmates in various prisons that we work in have proved this statement to be untrue. The despair that comes with the lack of understanding of court proceedings, magistrate ruling and the impact of the sentence on their lives is heartbreaking.  

Unfortunately, due to an overburdened justice system, many accused persons often lack proper representation and are left to represent themselves in court, resulting in a miscarriage of justice. Many of them are left wishing they had done things differently in court, however only a few get that chance.  

As we continue to advocate for reforms in the criminal justice system, to ensure that everyone is treated fairly and their rights are protected, we also aim to educate incarcerated persons in different prisons on the law. Crime Si Poa (CSP), through the Access to Justice Program, spearheaded paralegal training in Nairobi West prison where 40 inmates have successfully trained for 1 week and are set to graduate today with legal skills.  

The much-needed training set to take place in over ten prisons CSP works in will enable inmates to effectively defend themselves to positively influence their ruling. The training which entails trail advocacy, writing appeals and reviews, court procedures, and sentencing will prepare remandees as they proceed with their trial processes.  

The paralegal training is also extended into the community, where CSP sensitizes members of the community on the importance of knowing the law and teaches them what the law entails, so that they may know how to live in its confines and learn the diverse ways to resolve conflict aside from the court to avoid prolonged cases.  

Crime Si Poa, under its Access to Justice Program today concluded a two-week (13^th to 24^th June) paralegal training in Nairobi West Prison that consisted of 40 inmates, both those on remand and convicted persons.

The group was taken through the workings of the criminal justice system which included the trial process, essentials of a fair trial, law of evidence, appeals, and reviews among others, to help them provide better arguments for their cases and get better rulings.

Most inmates in Kenya do not have access to proper legal representation which negatively affects their cases resulting in harsh rulings or worst-case scenario wrongful convictions.

According to Sylvia Morwabe, Program Manager, Access to Justice, the training will empower the inmates with legal knowledge and enable them to effectively follow their cases as they undergo trial.

“The paralegal training, we have been conducting for the last 2 weeks at the Nairobi West Prison in partnership with Strathmore University Law Clinic will help inmates have a fair trial and better access to justice,” said Sylvia.

This training has been made possible by our partners AIG, Global Fund for Children, The Kenya Prisons Service, and the National Paralegal Society of Kenya.

“Thousands of innocent people who have gone through the prison system, have been discharged thanks to programs like this,” said Derrick a lawyer from Strathmore University Law Clinic as he encouraged the inmates to stay positive during the training.

Derrick, further stated that the training equips the inmates with the courage to appear before the court and arms them with the possible answers to arguments likely to be raised in court by the lawyers from the Director of Public Prosecutions Office.

Kalonzo a warden at Nairobi West Prison expressed the importance of paralegal training in equipping the inmates on how to handle the court process.

“From this training, I believe many of the inmates will learn how to answer questions and successfully represent themselves in court,” he said.

Nairobi West is the first prison we work in to benefit from paralegal training. Our goal is to reach 10 prisons and equip them with the much-needed knowledge and skills.

The involvement of youth in election violence in Kenya has been on an increase, a worrying trend as the country nears elections. Politicians from different political parties vying for various positions in the August 9^th election have been accused of ferrying youth to political opponent’s rallies to cause havoc and disruptions. 

Speaking during an interview with Sema Na Citizen TVon Friday,  afternoon, Halima Guyo, Project Officer, Crime Si Poa, cautioned the youth against being engaged in political violence due to the severe consequences that follow thereafter. 

“Every electioneering year we witness tens of youth if not a hundred jailed for political-related crimes in Kenya. Already this year a couple of young people are behind bars for such crimes. This can be avoided. Youth must stand for peace and instead ask for manifestos that will help alleviate their lives,” said Halima. 

She further urged the youth to take time and know about individual responsibility and the long-term effect of anything they do. Adding that the youth should avoid being used to committing political violence that will hurt their future employability.

Young people should look beyond elections and the little money they are being given to cause violence. You will need to have good conduct and reputation when seeking job opportunities. Do not allow political acts to put you in the bad books of the Directorate of Criminal Investigations”, added Halima. 

According to Kenneth Kigunda, Crime Si Poa, Communication Specialist Political Analyst, there is a need for the communities to build cohesion amongst themselves and with law enforcement for a speedier resolution of conflicts emerging from the high political temperature in the country.

“In this elections period, we must be on the lookout for people intending to cause trouble. We also need to stop politicians from transporting violence across borders as we have found out that most of those who commit political mayhem don’t come from the locations in which they happen,” lamented Kigunda.

Crime Si Poa is currently holding community forums and paralegal training sessions under Acess to Justice Program in partnership with the criminal justice system across the major cities in Kenya to create awareness among the youth on ways to mitigate crime. 

The launch of a two-part report by The Kenya National Commission on Human Rights (KNCHR) in partnership with the Death Penalty Project, on Tuesday in Nairobi is a huge milestone in the achievement of the abolition of the capital sentence campaign in Kenya.

The report shows that a majority of the Kenyan public is open to the abolition of the hang man’s noose law, as well as the country’s opinion formers, are overwhelmingly in favour of such change.

“In countries that retain the death penalty, governments often cite public support as a key argument against abolition, yet with Kenya, the findings of this research do not support that claim,” said Parvais Jabbar, Co-Executive Director, The Death Penalty Project.

Jabbar further stated that there has been a shift away from the death penalty across Africa, most recently in Sierra Leone, with new plans to abolish announced in Zambia and the Central African Republic.

“It is possible that Zimbabwe and Ghana too will make similar announcements by the end of the year. We hope that we will also see Kenya take steps to remove capital punishment soon and that our research can support policymakers as they consider this important issue,” he added.

Kenya is among the minority of countries that continue to retain the death penalty in law, yet it has not executed any person since 1987. After nearly 35 years without an execution, the new research that sheds light on public openness to abolition might help Kenya to abolish capital punishment.

 “The government should rehabilitate the inmates instead of putting them under the death penalty. This is not the only way to punish convicts. Instead, they should be reformed so they become better people in society. Everyone has the right to live. “We should respect life in any circumstance,” said Dr Raymond Nyeris, KNCHR, Vice Chairman.

He further explained the death penalty is inhuman and is contrary to human rights as life is a fundamental right of everyone.

In 2017, the country’s supreme court declared the mandatory death penalty unconstitutional and since the introduction of discretionary sentencing, the number of death sentences imposed has reduced. However, to date, over 600 people remain on death row.

Have you wondered what happens to inmates on death row? Is the death penalty, whose punishment is to hang, still applicable in Africa amidst robust constitutions and ratified statutory laws? What if one was wrongfully convicted?

This among other human rights conversations emerged during a two-day seminar on the abolition of the death penalty in Africa held on the 30th and 31st May 2022 in Nairobi by ECPM (Together against the death penalty) in partnership with Crime Si Poa (CSP).

Speaking during the regional seminar that brought together abolitionist actors from six different countries: Kenya, Uganda, Tanzania, Cameroon, Democratic Republic of Congo and Sierra Leone, Wilfred Nderitu SC, Chairperson at Crime Si Poa, called for the abolition of the death sentence in Kenya and Africa at large stating that one of the greatest risks of the Death Penalty is that it is an irreversible sentence.

“Innocent persons are at risk of being put on death row for fabricated allegations. We have had instances where people have been wrongfully convicted and consequently face execution. This is mostly witnessed in countries that are going through political war, violence and instability,” said Nderitu.

His statement was affirmed by a powerful testimony from Susan Kigula a former death row inmate from Uganda. Kigula was sentenced to death but later pardoned. She was wrongly accused of murdering her husband and her sentence was based on a testimony given by a three-year-old witness. Her traumatic experience led her to be a champion in the fight for the abolition of the death penalty in Uganda.

Despite such powerful testimonies and arguments, various countries in Africa are still unable to pass a bill to abolish the death penalty due to key challenges faced among them the lack of support from the public.

In countries such as DRC, citizens believe that the death penalty discourages criminals from committing massacres. Despite the lack of proof, such sentiments are the root cause of the reluctance by governments to be abolitionists.

 According to Samson Omondi of the Kenya National Commission on Human Rights, there is a need for abolitionists to make the death sentence abolition conversation all-inclusive to gather support from the public. 

“In most cases, the conversation against the Death Penalty is led by lawyers. Let us broaden the conversation to the public to ensure that our society is part and parcel of the Abolition of the Death Penalty,” he said.

Despite a majority of countries in Africa still enforcing the death penalty, most states consider the death penalty a human rights violation that poses a substantial risk. The African continent has shown remarkable reform speed on the abolition of the death penalty issues over the past decade.

“Since 2015, six African countries have abolished the death penalty. Despite a de facto moratorium, The EU believes that Kenya should take steps to abolish the death penalty once and for all,” stated Henriette Geiger, Ambassador of the European Union (EU) in Kenya.

The two days seminar included parliamentarians, human rights institutions, civil society representatives, actors in the criminal justice system, former death row inmates as well as youth in the fight of making Africa the next abolitionist continent.