Access to justice - Crime Si Poa

Pomp at Paralegals Graduation in Embu Main Prisons

Embu County Commissioner Jack Obuo has underscored the government’s commitment to bringing services closer to the grassroots, ensuring that even inmates have access to justice. Commending the paralegal training provided by Crime Si Poa (CSP) to inmates and officers at both Embu Main and Women’s Prisons, he highlighted the impact of the knowledge gained on the broader community.

“The knowledge you’ve gained is your right. Use it to strengthen your case, train others, and make a difference in your community when you’re reintegrated. As a government, our role is to ensure initiatives like this are decentralized to reach the common Mwananchi, so that justice is accessible to all. We are very pleased with this partnership with Crime Si Poa,” he stated during the graduation of 51 newly trained paralegals

Mr. Daniel Karuri, Senior Assistance Director of Public Prosecutions, and regional coordinator of Lower Eastern Region representing the Director of Public Prosecutions

There was a carnival atmosphere as the 33 inmates (24 male and 9 female) and 18 prison officers from the Embu Command received their graduation certificates. This significant achievement marks a pivotal moment in the CSP journey toward legal empowerment for all under its “Sheria Mashinani” people centered justice approach.

The transformative two-week training facilitated by legal practitioners as well as the training Director from the National Police Service, Dr. Monica Njoroge saw the participants equipped with vital legal knowledge, enabling them to assist others in navigating the justice system and fostering a collaborative approach to legal empowerment.

Legal consultant at CSP, Ms. Carolyne Njanja, highlighted the importance of providing legal education and resources to the most vulnerable, noting that the program has since established legal support centers and deployed trained paralegals within communities and prisons. “Today’s graduation is a testament to the organization’s dedication to making justice accessible to all,” she said. CSP has since trained a total of 302 paralegals across 6 counties including Nairobi, Kisumu, Kiambu, Kajiado, Kakamega, with the latest one being Embu.

Senior Sergeant Desmond Mugendi from Embu Main Prison Documentation office noted that the training will change their perspective and make their work easier, especially for inmates unable to represent themselves in court. Similarly, Patrick, an inmate who participated in the training, shared how the experience profoundly impacted his life, helping him understand his constitutional rights and alternative dispute resolution (ADR) mechanisms, which he believes is crucial for the society.

Joyce, an inmate from Embu Women’s Prison, expressed her gratitude for the training, stating that it empowered her to understand the law and share this valuable knowledge with others, ensuring that no one remains in the dark about their rights.

ACP. Horace Chacha, Officer in Charge at Embu Main Prison

Speaking at the event, Vice President of the Law Society of Kenya, Mwaura Kabata, praised the inclusivity of the training, which brought together both inmates and officers, fostering collaboration within the prison community. He urged the new paralegals to utilize their knowledge to help decongest prisons and advocate for justice within and beyond the prison walls. “You are now the champions of access to justice in this institution and beyond,” he stated, encouraging further knowledge pursuit among inmates and sharing of insights among officers.

Crime Si Poa’s Executive Director, Mr. Pete Ouko, expressed gratitude to the Kenya Prisons Department for their support and partnership under the open-door policy, which has been instrumental in rolling out paralegal services in various prisons, with plans to establish a legal support service center in Embu Prison. He emphasized the importance of leaving a lasting impact on people’s lives through legal empowerment.

The graduation ceremony was also attended by SSP Elizabeth Chege, representing the Officer in Charge at Embu Women’s Prison, who stressed the importance of utilizing this knowledge to enlighten others, particularly those in remand. ACP. Horace Chacha, Officer in Charge at Embu Main Prison, lauded the program for contributing to the crime prevention strategy by helping decongest prisons. He urged the new paralegals to identify cases, especially involving children, to ensure they are handled with the care they require under the law.

CSP ED awarding a certificate to a trained officer

Mr. Daniel Karuri, Senior Assistance Director of Public Prosecutions, and regional coordinator of Lower Eastern Region representing the Director of Public Prosecutions emphasized that their role is to ensure justice is served, not to be adversaries to the accused. “You are now change agents, empowered to bring about change. Do not keep the knowledge to yourselves,” he encouraged the graduates.

Crime Si Poa continues to champion legal empowerment particularly targeting the marginalized and underserved segments of society. The paralegals are expected to take leading roles as torchbearers of justice, ready to make a difference within their communities and beyond.

Use Plea Bargain to Reduce Lengthy Trials – ODPP Encourages Inmates in Embu.

By Vincent Gachumi

The Crime Si Poa Access to Justice program’s goal of empowering persons in underserved communities and prisons with knowledge on their constitutional, legal rights and responsibilities, as well as promotion of the rule of law through legal aid, education, and paralegal training services was brought to the fore when our team partnered with the Office of the Director of Public Prosecutions (ODPP) and Kenya Prisons Service (KPS) in conducting an Open Day at the Embu Main Prison.

In the well attended and engaging event presided over by the ODPP head of the Lower Eastern Region Mr. Daniel Karuri accompanied by four prosecutors in charge of Embu, Runyenjes and Siakago Law stations respectively, the session started with a presentation to persons impacted by the law on the Diversion and Plea Bargain policies followed by a Q& A plenary session.

In his opening remarks, Mr. Karuri emphasized the importance of partnerships amongst justice actors in promoting a people centered approach to justice and commended Crime Si Poa and Embu Prison for hosting the event. “The Office of the Director of Public Prosecutions will always be open to partnering and avail their staff for such activities,” said Mr. Karuri. He also expressed his gratitude to the 102 remand inmates in attendance and the 64 inmates who forwarded their cases to be reviewed for Plea Bargain, noting that the diversion and plea bargain policies reduce case backlogs and lengthy trials.

The inmates raised questions about the definition and eligibility of Plea Bargain and on the threshold of withdrawal of charges due to non-attendance of complainants at trial. In their presentation, the ODPP team defined Plea bargaining as the practice of negotiating an agreement between the prosecution and the defense whereby the defendant pleads guilty to a lesser offense or (in the case of multiple offenses) to one or more of the offenses charged in exchange for lenient sentencing.

Regarding diversion, the ODPP further shared how it enables prosecution to divert cases from the court process and allow matters to be settled out of court, on merit and through agreed structures. It is meant to provide an option for an offender and give them a second chance in life. Diversion also ensures that individuals avoid a criminal record but nonetheless atone for their mistakes.

Speaking at the function, the Prison Deputy Officer in Charge Mr. John Kanyugi, standing in for the Officer- in- Charge, thanked Crime Si Poa for the impactful interventions they have been implementing at Embu Main Prison and encouraged the remand inmates to engage in the plea bargain and diversion processes and have follow up questions for upcoming sessions. He further thanked the ODPP for attending the function and reducing the legal knowledge gaps amongst the inmate’s population.

According to Mr. Vincent Gachumi, Crime Si Poa Access to Justice coordinator in Embu County who, together with his team, was integral in the planning and organization of this event, the Open Day was necessitated by the knowledge gaps on specific Court Procedures that they had noticed during the bi- weekly legal awareness sessions at the Prison. “We saw it fit to bring relevant stakeholders on board under our mantra of informing, reforming and transforming lives and systems in promotion of the Rule of Law. We are indeed honored and grateful that the ODPP accepted our invitation to partner with us.” Vincent added.

The Director of Operations and General Counsel at Crime Si Poa, Ms. Sylvia Morwabe thanked the Prison administration for their continued support for the interventions we have in the prison that culminated in the event because of the needs assessment done in conjunction with the Prison Officers handling paralegal issues. “It is Crime Si Poa’s hope that these collaborations continue strengthening since a total transformation can only be achieved when all players in the Criminal Justice Sector work in tandem, “added Ms. Morwabe

The Documentation Officer, Mr. Osborne Obare, who also heads the paralegals in the Prison, highlighted the need for adequate space to offer better support to inmates. He noted that courts have gone virtual and there is every need to add onto and upgrade the IT facilities to enable court cases to be heard seamlessly. He further reiterated the need for building a Paralegal Office as it will reduce traffic in the Documentation Office and improve client service.

The Crime Si Poa Access to Justice Program works in 8 counties and 5 prisons across Kenya on legal support services, legal aid and paralegal training. To support our work, visit our website https://crimesipoa.org/donate/

A Story of Love, Regret, and the Law

Brian adjusted on the hard wooden bench, the familiar clanging of the prison gate echoing in his ears. The Crime Si Poa psycho-educational sessions were the closest he got to a glimpse of the life he’d so carelessly thrown away. Today, a story resonated with him, a cautionary tale about the blurred lines between love, consent, and the harsh reality of the law.

How Alternative Justice System Saved Shadrack.

As many Kenyans counted losses during the recent floods that hit parts of the country causing unmitigated disaster and loss of lives, Shadrack Otieno, a casual labourer who ekes a living as a builder and lives in the heart of Kibera slums was grappling with a different matter.

Crime-Si-Poa-Maryan Njeru (left) with Jane Njoki (right) discussing the land case they had resolved

Triumph Through ADR: Maryann Njeru’s Paralegal Success

Maryann Njeru, a dedicated paralegal trained by Crime Si Poa, shares a compelling success story that underscores the transformative impact of Alternative Dispute Resolution (ADR). She recounts her pivotal role in assisting her friend Jane Njoki to triumph in a challenging land dispute case.

The Entrepreneur: Benjamin’s Quest for Success.

In the busy estates of Nairobi where dreams collide with the harsh realities of life, Benjamin Mutunga’s life story emerges as a beacon of hope and renewal. His journey, woven with threads of transformation and the unwavering belief in second chances, paints a portrait of triumph over adversity.

Emerging from the cocoon of confinement, Benjamin embraced the chaos of the city with an unwavering spirit and a newfound sense of purpose. Armed with the tools of his trade and a heart ablaze with ambition, he ventured into the world of bread selling.

With each loaf of bread sold, Benjamin carves a path of resilience. He wears his journey as a badge of honor, a testament to the indomitable spirit that refuses to be bound by the chains of circumstance.

***Benjamin Mutunga running his business***

Born in the serene side of Machakos County, Benjamin ventured into the city in pursuit of his entrepreneurial dreams in 2014. “I had found success in the business of selling milk and bread and was making up to Ksh. 4 000 sales profit on a good day. Unfortunately, my life took an unexpected turn in 2018 when I got arrested and subsequently convicted for the offense of manslaughter and sentenced to serve three years in prison,” he says. Despite the despair of incarceration, Benjamin refused to let his spirit be broken. Instead, he turned his time behind bars into an opportunity for growth and self-improvement.

Embracing the programs offered by the Kenya Prisons Service in partnership with Crime Si Poa, Benjamin focused on the entrepreneurship, spiritual, and psycho-education classes that instilled in him a newfound sense of purpose and leadership. He diligently honed these skills as he envisioned a brighter future beyond the prison confines.

Benjamin returned home upon release determined to rebuild his life and reintegrate into society. Despite facing numerous challenges, including financial setbacks and initial skepticism of the community, he remained focused.

With the support of CSP and the encouragement of fellow entrepreneurs like Walaika Brian, he embarked on the journey of resurrecting his business. However, it was not smooth sailing as the road was fraught with obstacles. From losing his hard-earned money on the way to the bank to struggling with a reduced customer base and limited resources, Benjamin faced setbacks that would have discouraged many. Yet, his unwavering determination and the support of his community propelled him forward.

For Benjamin, every sale represents more than just financial transactions, it symbolizes his resilience, his refusal to be defined by past mistakes, and his unwavering belief in the power of redemption. It is the ultimate audacity of hope.

**Flavier Mwika(Prisons & Reintegration Manager) left, Benjamin Mutunga(Ex-inmate) middle, Hemstone Mugala(Psychologist) right.**

Crime Si Poa (CSP) Programs Manager for Prisons and Reintegration Flavier Mwika says Benjamin’s story is not just one of personal triumph; it is a testament to the transformative potential of the program, which seeks to empower inmates with the skills, support, and resources necessary for successful reintegration into society. She calls on well-wishers to support Benjamin in his quest to expand his business to incorporate milk selling to have a sustainable income stream to meet his daily needs.

Benjamin’s journey of redemption and entrepreneurship serves as a beacon of hope for all those who have stumbled along life’s path. It reminds us that no matter how bleak the circumstances may seem, with resilience, determination, and a supportive community, the human spirit can overcome even the most daunting challenges, turning adversity into opportunity and darkness into light.

Read about Benjamin’s homecoming here: https://crimesipoa.org/it-is-never-too-late/

David Alela’s Redemption Song.

The pain of serving two decades behind bars for what he maintains was a wrongful conviction has not dampened his unwavering spirit for community service. Gifted with golden fingers, he softly strums beautiful chords on his guitar as he savors the sweet air of freedom. He has just come back home from cleaning up the house of a community member who has been ostracized by the community because of mental health challenges. The man was also suffering from acute jigger infestation on his feet and hands which David had just removed.

***David Alela cleaning up a man who is suffering from acute jigger infestation on his feet and hands.***

As the day of his release drew near, Alela who had been going through the pre-release re-integration journey with the Crime Si Poa team led by Bilha Achieng and the Prisons chaplaincy, was at peace. A focused and determined man who decided to use his time behind bars productively, Alela can be regarded as a jack of many trades for which he is also a master. He pursued education, earning his Kenya Certificate of Secondary Education (KCSE), after which he sharpened his legal knowledge and became a paralegal. Not content, the multi-talented David also trained as a theologian, and acquired vocational training in motor vehicle panel beating and automotive engineering.

To prepare for his smooth reintegration upon release, David undertook the Crime Si Poa psychoeducation training, graduating in 2022 with a certificate.

***David Alela with Rodgers kale the senior superintendent of prison with inmates from Kisumu Maximum Prison***

David ’s homecoming was a celebration of love that could have easily been mistaken for a political homecoming. A model inmate, Alela was Neighbors, relatives, and well-wishers lined up along the road leading to his home in song and dance, eagerly awaiting his arrival where three different churches and the area Chief had gathered to welcome him.

Speeches from family members and friends were clear on one thing; Alela’s innocence, insisting that he had been wrongfully convicted. His 74-year-old mother, overcome with joy, embraced him tightly, as she looked into his eyes with a smile. She expressed her gratitude to Crime Si Poa and the partnered church: Deliverance Church, acknowledging their support ‘during the dark days’

A man who lets the faith he professes lead his actions, Alela has wasted no time in sharing his gift with the world. He plays the guitar in church, is using his talent to uplift congregations and inspire hope as he speaks on redemption, forgiveness, and the promise of a new beginning.

What’s more, he is quickly assimilating in the Crime Si Poa team in Western Kenya with planned activities in prisons, schools and the community.

Alela’s impact has extended far beyond the walls of the church. Recognizing the healing power of psychoeducation, he has become deeply involved in community outreach programs, volunteering his time to mentor at-risk youth on alcohol, drugs and substance abuse, offering guidance, support, and hope to those who needed it most.

Today, Alela’s guitar serves as more than just an instrument—it’s a symbol of hope, resilience, and the enduring power of the human spirit to rise above adversity, inspiring others to believe in the possibility of second chances and the promise of a brighter tomorrow.

His journey from incarceration to community impact is a testament to the transformative potential that lies within each of us, waiting to be unlocked and shared with the world.

Visit https://crimesipoa.org/prison-and-aftercare-program-phoenix/ to support our Prisons and Re-integration program

Legal Aid Clinic Set Up at Kamiti Medium Prison

By Levis Jilani

In the heart of the sprawling Kahawa West suburb of Nairobi County, lies the urban penitentiary of Kamiti Medium Security Prison. Housing hundreds of inmates way beyond its capacity; with the majority silently wrestling with delayed appeals, separation from loved ones and striving for redemption and a chance at a brighter future, it is here, that a beacon of hope has emerged – the Legal Aid Clinic.

The clinic set up by Crime Si Poa in partnership with the prison administration opened its doors with a mission to provide legal assistance, training, and awareness to both inmates as well as staff. We are giving a voice to those who felt voiceless and skillset to the powerless within the justice system to enable them access justice.

Crime Si Poa legal officer Sharon Jemutai says the clinic will help in securing expedited court dates for inmates to attend their appeal hearings. “Whereas some inmates have been wrongfully convicted and need to seek justice, others who have been found guilty need to go through the correction and rehabilitation process to rejoin society upon release as productive members. To that end, Crime Si Poa has dedicated time to assist inmates in matters related to the criminal justice system. ” Sharon says.

Many inmates suffer due to delayed cases and appeals. They face systemic poverty induced barriers to accessing justice. “While many inmates may not be aware of their right to expeditious determination of judicial matters, limited access to legal resources and representation hampers their right to fair trial.” Sharon adds.

According to the Kenya Prisons Service, the surge in numbers of the prison population has resulted in overcrowding and challenges in providing inmates with a conducive environment for serving their sentences and access to technical skills training that they can apply upon reintegration into society.

Kamiti Medium Prison primarily houses inmates serving sentences of less than ten years. The bi-weekly Crime Si Poa legal awareness sessions have proved to be a big hit with measurable impact within the first month of operation. We are launching, in the first week of October, the training of 40 inmates and staff as paralegals under a Ford Foundation sponsored project. This comprehensive training will be a major boost for inmates who will be taught legal skills on self-representation and leadership, as well as staff who will not only assist the inmates for sustainability of the project, but who will also run awareness sessions amongst other officers.

During her inaugural visit at the Prison, Permanent Secretary, State Department of Correctional Service Ms. Salome Muhia-Beacco stated that the government was working to decongest its prisons and empower the inmates through technical training and skills building that will serve them well in their communities upon their release.

Sharon adds that Crime Si Poa is committed to growing the transformational partnership with the prison department.

To know more about our work in prisons and how you can support, visit : Prison and Reintegration Program (Phoenix) – Crime Si Poa

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Hope in the Midst of Silent Struggles

By Levis Jilani

Time seems to stretch endlessly within the cold and unforgiving prison cell walls where Charles* (not his real name) has spent nearly 15 years of his life. The walls seem to close in on him with each passing day. He was imprisoned for a crime he insists he never committed; defilement. Communication was a luxury that Charles lost the moment he stepped into prison. No phones, no internet, no letters. His heart ached for his wife and children. He often wondered how they were coping without him. Did they have enough to eat? Were his children going to school? How were they managing to pay bills? Same routine days on end made life in prison monotonous. Charles had made a few friends among the inmates, but he found solace in the corners of his mind. Bitterness often took a toll on him, and he felt that the people who had falsely accused him did not deserve anything better. He slowly sunk into depression

However, Charles’ hopes got rekindled with time. Determination to reconnect with his family after his incarceration grew stronger. He started attending a spiritual program within the prison, and soon realized that the program went beyond the spiritual and delved into skills development and psycho education. “I needed this so badly. So much was going on in my mind and I was sinking into depression, I wanted revenge when I got out. I am thankful that Crime Si Poa came in good time to offer us psychosocial support,” says Charles.

Michael* (also not his real name,) says he had been influenced by peer pressure into a life of drug addiction. His life took a turn after being sentenced as he could not access the drugs in the prison, and this made him sink into depression. During the psychoeducation sessions, he was counselled on anger management, conflict resolution and drugs and substance abuse. “These sessions have really helped me. I remain sober, and on my recovery journey,” he says.

These are just a few cases of inmates suffering from mental health challenges, requiring urgent help. Data from 2020 International Journal of Health Sciences and Research states that 63.2 percent of inmates in Kenya suffer from a range of mental disorders caused by confinement related stress, long prison sentence, delays in determination of appeals, frustration due to failure of appeal terms and bad reports from home such as one’s family suffering. Charles says that inmates face many challenges which could impact on them negatively. “This place can be a brooding place of survival criminal mindsets because we get different characters with different motives. Some are burdened by poverty and even if released, will commit a crime to return to prison where food and other basic needs are provided by the government. Such people need help,” he says.

He calls for more sensitization, skills development, and psychosocial support programs to help stop recidivism. “Since I joined the church ministry, I have developed leadership skills and began mentoring others. I am glad that at the end of my sentence, I will be able to positively impact lives with the knowledge I have.” During a psychoeducation session organized by Crime Si Poa at the correctional facility, Prison Corporal Mary Makena, a Pastor at Nairobi West Prison emphasizes that the shift from familiar environments to incarceration is a significant contributor to the mental health struggles faced by inmates.

“Some were accustomed to good meals, comfortable sleep, and freedom of movement. However, upon conviction, everything changes drastically, making it difficult for them to accept and adapt.’’ said Mary, adding that inmates engaged in psychoeducation and spiritual programs within the prison have benefitted mentally. “As a patron, I have interacted with many beneficiaries of the program. They share their struggles, and indeed, they go through tough times. However, things are changing for the better due to the weekly transformative spiritual and psychoeducation sessions that have become integral in their lives .” Mary explains.

Hemstone Mugala, a consultant psychologist at Crime Si Poa, emphasizes the constant need for therapy among inmates. “Some find it challenging opening up, necessitating one-on-one daily counseling session. This approach has yielded positive outcomes, as many are now comfortable sharing their concerns with prison officers.” Charles, who looks forward to his release in December, says he anticipates reuniting with his family in Kisii . “As a teacher by profession, I aspire to utilize the knowledge gained from the program to sensitize young people in my community and also offer psychosocial support to those who may going through various life challenges,” he concludes.

To support our mental wellness program in prisons, click DONATE

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A day out with Top Prisons Brass.

By L.Museka and F.Mwika

According to the Kenya Prisons Service, the total number of persons committed to prison has risen to almost 60,000 inmates against the inbuilt capacity of about 30,000 inmates. 56 percent of this population is of remand inmates awaiting trials.

Speaking during her inaugural visit to Correctional facilities in Kisumu after her appointment, Principal Secretary, State Department for Correctional Services, Ms. Salome Beacco said that the government was working in partnership with the judiciary and development partners to explore ways of decongesting the prisons to ensure the inmates have a dignified life. The various methods include alternative dispute resolution mechanisms, fast tracking of cases, community service orders, and the presidential prerogative on the power of mercy.

She congratulated all newly promoted officers and noted that the promotions had improved staff morale and motivation to service. She further reiterated the department’s commitment to fighting climate change, noting that they have planned to put 20% of prison land under tree cover within the next 5 years.

***The Principal Secretary during a tree planting session during her visit at the Kisumu Command.***

While donating blankets and hygiene packs to the adult inmates as well as baby clothes for children who are with their mothers at the Kisumu Women’s Prison, Ms. Beacco acknowledged Crime Si Poa’s donation of cleaning detergents and tissue papers to all the 4,000 inmates in the Kisumu Command. The PS called on other stakeholders and partners to come on board to support the department. Crime Si Poa has, in partnership with the Kenya Prisons Service, been undertaking reformation and transformation of persons in conflict with the law through tailored mentorship, entrepreneurship psychoeducation, and spiritual programs. Besides these programs, Crime Si Poa offers paralegal training for both staff and inmates to enable them to address issues related to trials, appeals, and justice more effectively.

Speaking at the event, the Commissioner General of the Kenya Prisons Service, Brigadier (Rtd) John Warioba who was accompanying the PS, called on inmates to maintain a high degree of discipline and take advantage of the training and technical courses offered for free in the prisons. He reiterated that these skills would enhance their marketability in the job market upon release.

***CSP Team with the Permanent Secretary posing for a photo***

In his speech, Crime Si Poa Executive Director Mr. Pete Ouko reiterated that the organization will continue partnering with the department to impact the lives of those in conflict with the law. He further said that Crime Si Poa is purposed to set up a digital skills lab at the Kisumu Medium Prison to build the employability skills of the inmates for seamless reintegration upon release. Crime Si Poa will also initiate paralegal training for inmates and staff at both the Kisumu Women’s Prison as well as the main prison.

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