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/