Success Stories-Kakamega Prison Justice Centre

Article 48 of the Constitution of Kenya specifically advocates for access to justice for all. Kituo Cha Sheria has established Prison Justice Centres that are managed and run by trained prison paralegals to assist them self-represent in court, offer legal advice to the other inmates, educating them on criminal law and guiding them on how to confidently represent themselves in Court and empower the entire prison community. Kituo has played a big role in supervising these centres and providing technical assistance in legal matters that need the attention of an advocate. To date, Kituo has established Prison Justice Centres at Shimo La Tewa Men & Women Prisons, Lang’ata Women’s Prison, Kamiti Maximum Prison, Kodiaga, Nyeri Main (King’ong’o) G.K. Prison, Kakamega GK Prison and Meru GK Prison. As a result, inmates and Prison Officers have been able to offer legal aid services to inmates and from 2010 to date 10,000 + inmates have been released following interventions by trained paralegals. The Prison justice centers have significantly contributed to the decongestion of prisons and at the same time made justice accessible to those who could not afford the services of an advocate.

These are some Success Stories from the Kakamega Prison Justice Centre…

I. Jackson  Sikunga Maloba alias Stephen Opondo Raimondi

OFFENCES: C1. Obtaining money by false pretence  C2. Unlawfully making use of another person’s identity card C/sec 313 pc and 14(1) (f) of the registration of persons Act Cap107 Laws of Kenya respectively. CRC No. 1053/2012. SPM;s Court Mumias

Jackson  Sikunga Maloba was remandee at the Kakamega Prison where he found the Prison Paralegals ready to assist him with his matter. Among some of the issues raised included; he claimed the case was a frame up, his advocate was not representing him well; his bond pending appeal was dismissed-HCCR. MISC. APP. 33/2016 to which he appealed to the High Court vide HCCR.A No 62/2016. Mr. Sikunga claims he was ailing and even walking had become a problem as he was continually being helped by other prisoners to get his meals or even clean up himself and his clothing. The basis of his appeal was a request for mercy from the courts.

The prison paralegals took up this matter and advised that he should regularly take his drugs and continue to do some walking within the compound. They also recommended that the prison social welfare officer should call his lawyer to come and give him assurances on the progress of his case. The prison documentation office should help him request a review of his sentence. The prison paralegals also advised that the prison medical officer to write a supporting report on his medication.

The Officer-In-Charge wrote to the High Court to review Mr. Sikunga’s sentence on 2nd February 2017 VIDE: KAK/G/DOC/P/1/VOL. XXII/360 and Mr. Sikunga was discharged on bond pending appeal on 17th March, 2017. Successful.

II. Derrick Onyango

OFFENCES: Being in possession of narcotic drugs C/Sec.  3(1) and 3(2) (a) of the narcotic drugs and psychotropic substances. CRC No. 2010/017. CRM’s Court KAK-1 year sentence

Mr. Onyango who was a 21 years old University student was arrested while at the Nakumatt Supermarket in Kakamega town buying rizzler papers and found in possession of a stick of bhang. He informed the prison paralegals that he needed to be helped to go back to school and continue with his studies. He was subsequently advised to write a petition  to the High Court for revision of his sentence and that he should attach his admission letter, course programme, student ID and if possible a letter from the university confirming his continuation.

The prison paralegals drafted the petition for Mr. Onyango  which was received by the High Court on 11th August, 2017- HCCR. Misc APPL No. 63/2017. He attended Court for the application severally for mentions of the same and was discharged on 26th September 2017 to serve One Year Community Service Order (C.S.O). Successful.

III. Sammy Ongadi

OFFENCE: Defilement C/Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act No. 3 of 2006. CRC No. 316/2012- SPM’s Court, Vihiga.

Mr. Ongadi approached the Kakamega Prison Justice Centre with a pending appeal at the High Court in Kakamega seeking help to inform the Court about his ailment in prison and the fact that he had not received proceedings to enable him prepare submissions. The prison paralegals advised him to swear an affidavit enumerating his ailments and assisted him in writing an application for court proceedings.

A request for proceedings was subsequently forwarded by the Justice centre on 7th April 2017 together with Mr. Ongadi’s affidavit which was forwarded on the same day. On hearing of his matter the prisoner was discharged by appeal on 23rd October 2017. Successful.

IV. Javan Anyanga

OFFENCES: C.T I: Gang Rape C/Sec 140/PC C.T. II: Defilement 8(1) and 8(3) C.T. III: Defilement 21/2/2008. CRC No. 65/2007-SRM’s Court Mumias. Sentence: Life

When Mr. Javan Anyanga presented his matter to the Kakamega Prison Justice Centre; his appeal had already taken long. Mr. Anyanga had become visually impaired while in prison and was requesting assistance with fast tracking of the case.

The prisoner serving a life sentence was advised to write a reminder to Court (which the prison paralegals drafted on his behalf) and was also advised to see the prison medical officer to draft for him a report to support his submissions.

The parlagals prepared the reminder which was presented to the Court together with a report from the prison medical officer to support his submissions. Mr. Anyanga was consequently discharged by appeal on 23rd October 2017. Successful.

RCKM
Kituo Cha Sheria.

Advertisements

Success Stories-Kodiaga Prison Justice Centre

12

Article 48 of the Constitution of Kenya specifically advocates for access to justice for all. Kituo Cha Sheria has established Prison Justice Centres that are managed and run by trained prison paralegals to assist them self-represent in court, offer legal advice to the other inmates, educating them on criminal law and guiding them on how to confidently represent themselves in Court and empower the entire prison community. Kituo has played a big role in supervising these centres and providing technical assistance in legal matters that need the attention of an advocate. To date, Kituo has established Prison Justice Centres at Shimo La Tewa Men & Women Prisons, Lang’ata Women’s Prison, Kamiti Maximum Prison, Kodiaga, Nyeri Main (King’ong’o) G.K. Prison, Kakamega GK Prison and Meru GK Prison. As a result, inmates and Prison Officers have been able to offer legal aid services to inmates and from 2010 to date 10,000 + inmates have been released following interventions by trained paralegals. The Prison justice centers have significantly contributed to the decongestion of prisons and at the same time made justice accessible to those who could not afford the services of an advocate.

These are some Success Stories from the Kisumu Maximum Prison-Kodiaga Prison Justice Centre…

I. OFFENCE: HANDLING STOLEN PROPERTY: 56/2016

Samuel Kimtai Bor a resident of Kisumu was arrested in March 2016 and arraigned in Kisumu Law Courts where he was charged with handling stolen property. He stayed in remand for a period of seven and a half months awaiting hearing. Neither him or his family could afford to hire a lawyer to represent him in his case. However, the prison paralegals at the Kodiaga Justice centre were instrumental in assisting by way of training Mr. Bor on how to speak up confidently in court, how to ask questions during cross examination, re-examination and examination in chief. Subsequent to this coaching and with tips from the paralegals Mr. Bor’s case was heard and judgment made on   23rd March 2017 in his favor. He was acquitted and he is no longer at the Maximum Prison Facility.

II. OFFENCE: DEFILEMENT: 9/2013-KISUMU

Atieli Shikunyi Ofira, 87 years of age was sentenced to five years imprisonment for defiling a five year old girl. Ofira a resident of Kisumu could not afford to hire a lawyer to represent him in his case. His family members too could not afford to pay for his legal services. However, his case could not be proved beyond doubt as there had been no medical examination of the minor to ascertain these claims and there were no witnesses to attest to this crime being committed.

The Kituo trained prison paralegals were instrumental in identifying the gaps and loopholes present in his case file. They trained Ofira, on how to conduct himself in court, the relevant questions to ask during cross examination, examination in chief and re-examination.

He was acquitted on 23rd February, 2017 after the Kisumu Law Court ruled in his favor. He is no longer at the Maximum Prison Facility.

RCKM

Kituo Cha Sheria

Success Stories- M-Haki

M-Haki-Logo-revised

Kituo cha Sheria had the thought of coming up with an innovative and cost-effective service that allows for better delivery of legal services and information to more people in society and in particular, the poor and marginalized. This is what brought about, M-Haki-‘Haki Mkononi’. M-Haki started official operation on 8th March 2016 and has been of service to over 5,100 clients to date. M-Haki-‘Haki Mkononi’ is the use of SMS technology to disseminate legal information to clients. M-Haki is both innovative and reliable and is intended to lessen the costs of accessing justice. To make use of this technology, Kituo has a dedicated mobile number-0700777333 where the public can text legal questions to be answered by Kituo lawyers and volunteer advocates.

Some sample success stories from the platform include…
I. Brian Gicheru- Labour Matter
Brian Gicheru a resident of Nyeri County on behalf of his father wrote in to the platform to enquire on a labour matter. In his query, Brian stated that his father’s contract of service was terminated on 19th September 2017, by a Company named Hippora Business Solutions on account of redundancy.  His father’s terminal dues didn’t follow the termination up to date as required by law. Furthermore, he had worked for the company for over five years. Numerous visits to the Nairobi county labour office bore no fruit.
Kituo Cha Sheria was able to assist by referring Brian Gicheru to bring his father to our head office with all relevant documents to support his claim.
A demand letter was drafted by the legal aid team upon the visit and further along the client was referred to a volunteer advocate in Nyeri County where the cause of action arose. Kituo is following up on the matter to ensure that justice prevails.

II. Oluoch Omondi Jacob-Land Matter
Oluoch Omondi Jacob a resident of Eastleigh, Nairobi bought a parcel of land from a willing seller who is now since deceased. The conveyance process went as far as reaching land gazettment. However the land title wasn’t transferred to his name. Omondi sought for advice through M-Haki platform on what steps to take next after the deceased’s wife began to claim that she was not aware of the existence of our client. He was adequately  referred to a volunteer advocate and advised by Kituo advocate to issue any relevant documents related to that transaction to his counsel as Kituo advocate maintains contact with the counsel in question to be abreast of any progress.

III. Wairimu Gitobu-Succession Matter

Ms. Wairimu wanted to know the process of succession in a probate matter. She was given a detailed explanation of what occurs during such a procedure and the pre-requisite documents that she should acquire (death certificate of the deceased, a letter from a local chief ascertaining relation, a list of beneficiaries/ dependants et cetera. She thanked us for our services. We count this as a success.

RCKM

Kituo Cha Sheria.