• The review has seen a total of 4,800 inmates set free.
Image: FILE
Petty offenders will now be released on bond and not held in custody to avoid spread of the coronavirus, the Council on Administration of Justice has resolved.
Also, for those behind bars already, the council has directed the magistrates across the country to review and revise bail and bond terms for petty offenders to facilitate their release from prisons as they await trial.
However, serious crimes, including defiance of national orders regarding the control of Covid-19, will continue to be presented to court for plea taking.
This will be done in consultation with the police and the DPP. In a statement issued on behalf of the National Council on Administration of Justice (NCAJ), Chief Justice David Maraga said courts will be convened at short notice to handle such cases.
The council noted that there has been a significant spike in sexual offences in many parts of the country in the last two weeks.
“These offences constitute 35.8 per cent of the criminal matters reported during that period. In some cases, the perpetrators of such offences are close relatives, guardians and/or persons living with the victims. Depending on the individual facts of each case, upon application by the DPP, the courts will consider giving directions on early hearing dates in such cases,” said the CJ.
In an effort to decongest prison in the last two weeks, petty offenders jailed for less than six months and others who have less than six months to complete their jail terms have had their cases reviewed.
The review has seen a total of 4,800 inmates set free.
And for the civil matters, the Judiciary has put out a contact list of court stations and specific individuals who will be working to enable Kenyans file urgent matters which will then be attended to by duty judges.
The CJ also indicated that the rest of judges and magistrates will be working on their decisions from home in order to render judgments without delay.
For example, in the next two weeks, the Supreme Court will deliver one judgment and 10 rulings; the Court of Appeal will deliver more than 45 judgments and rulings of appeals and applications heard in Nairobi, Kisumu, Mombasa and Eldoret through email on Friday.
The High Court will deliver 367 judgments and rulings; the Environment and Land Court—269, the Employment and Labour Relations Court—75; and the Subordinate Courts—390.
The council also gave reprieve to those who have not paid their debts. It directed that all execution of warrants of arrest, court decrees and orders made prior to March 15, 2020 be suspended until further notice.
“The Police, Court Bailiffs and Auctioneers are, in the circumstances, instructed not to carry out execution of warrants, orders or decree issued before March 15, 2020,” the CJ said.