Success Story- Meru 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.

This is a Success Story from the Meru G.K. Prison Justice Centre…

SUCCESS STORY OF DOUGLAS MUTHAURA NTORIBI OFFENCE: ROBBERY WITH VIOLENCE C/SEC 296(2) OF THE PENAL CODE COURT: MERU HIGH COURT

MISCELLANEOUS CRIMINAL APPLICATION NO. 4 OF 2015

Case background

Douglas Muthaura Ntoribi was charged for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code.  The action saw the attacked victim sustain a head injury from a cut and loss of Ksh. 500. He was convicted by the trial court sitting at Nkubu in 2005 and sentenced to suffer death.  He lodged an appeal (Criminal appeal number 118 of 2005) before Meru High Court, and on 29th July 2008, the same was dismissed. He soldiered on and filed Criminal Appeal No. 317 of 2008 before the court of appeal. That appeal suffered the same fate as the initial one at the High Court on 30th April 2014 with both judges citing that the applications did not meet the required threshold.

Douglas undergoes Kituo paralegal training…

Back In 2016, Kituo cha Sheria conducted paralegal training at Meru Main Prison, thirty (30) inmates underwent the paralegal training and were awarded certificates upon successful completion. Douglas Muthaura who was among the trainees testified how the knowledge he gained from the training helped him write a comprehensive appeal that saw the judge finally rule in his favor.

Case Determination        

The court ruled that the circumstances of the case did not call for death sentence or life imprisonment. In that regard death sentence was replaced by a 15 years imprisonment, sentencing running from the date of conviction dated 8th July 2005.

The Court’s decision was arrived at given that he had already spent almost twelve years in prison and yet, the victim of crime was treated of his head injury and immediately discharged from the hospital.

The Court in its ruling posed a question or rather wondered why such an applicant cannot reform and challenged the prison system to come up with effective rehabilitation models for convicts falling in the bracket of the applicant.

Justice Said Chitembwe cited the Supreme Court decision in MURUATETU v REP (2017) where mandatory death sentence was declared unconstitutional. He further opined that, High Courts are duty bound to consider cases where litigants have already been sentenced to suffer death and that, the consideration should not be limited to murder cases only.

RCKM

Kituo Cha Sheria

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The Samburu-Ilmisigiyoi Group Ranch Members fight for their land rights.

ELC PETITION 339 OF 2017 AT THE NYAHURURU ELC COURT- ILMISIGIYOI GROUP RANCH V LEMIYON LEPARMARAI & 8 OTHERS

Ilmisigiyoi 2

Kituo Cha Sheria is on record for a case concerning members of the Ilmisigiyoi Group Ranch who are from the Samburu community. Through our advocate Mr. John Mwariri we are representing a total of 600 families who form the Imisigyoi Group ranch and whose livelihoods are affected by the matter. Our clients are the owners and occupiers of the parcel of land situated in Lodokejek ward in Samburu County.

The dispute between the Ranch members and the defendants dates back to the time when the ranches were demarcated in the 1970s. During the said exercise beacons were erected and after a period of time the boundaries were illegally tampered with and as a result the Defendants who include the Kenya Broadcasting Corporation entered into our clients land illegally and have been occupying the piece of land.

The effect of this encroachment is that our clients have been dispossessed of their land with traditional boundaries and their livelihoods have also been affected as their grazing lands are now highly diminished. The matter filed at the Nyahururu ELC Court seeks to ascertain whether our clients are the lawful owners of the land identifiable by the aforesaid traditional boundaries and ensure that the parcels of land now occupied by the Defendants are returned back to the Samburu.

The matter came for hearing on the 13th February, 2018, when one of our witnesses, Mr. Lesingo Leiyagu testified and a further hearing is set for the 24th April, 2018.

RCKM

Kituo Cha Sheria