On 22 August, the Strathmore Law Clinic’s Appeals Project, accompanied by Justice Defenders, visited Naivasha Medium Prisons. The main goal of the visit was to provide inmates with valuable knowledge on how to navigate the appellate process, as well as educate them on their rights within the criminal justice system. 

The first thing that struck me was how expansive the prison grounds were compared to some of the more cramped prisons I had visited. I was particularly glad to see that the inmates had ample space to exercise and engage in physical activities to keep healthy. The prison was also located in a forested area, which provided good ventilation and a more open environment. 

We gathered around in the assembly area and kicked off the programme with a session by Justice  Defenders. Interestingly, among the team present were two former convicts who gained their LLB  degrees while serving their sentences. They graciously shared their stories and encouraged the inmates with a message of hope and resilience: that a conviction does not have to define the rest of a person’s life. The Justice Defenders guided the inmates on how to conduct themselves in the courtroom and demonstrated this using a mock trial process. They also encouraged the inmates to take advantage of the paralegal services available to them. 

Afterwards, the Strathmore Law Clinicians, assisted by advocates, conducted breakout sessions,  giving inmates an opportunity to ask questions that were directly relevant to their individual circumstances. The sessions revealed that the majority of the inmates faced several recurring challenges.

A significant number remained in custody because they did not understand how to apply for bail or bond or could not afford the amounts imposed. Furthermore, many of them reported not having copies of their charge sheets or police statements, with some raising concerns about allegedly fabricated personal statements and being pressured to sign documents they did not understand. Another recurring concern was the prolonged period spent on remand, as court hearings were repeatedly postponed or adjourned due to the absence of witnesses. The sessions also covered mitigation, plea bargaining, and the elements of various offences. 

The discussion on the Notice of Appeal was also particularly useful. Clinicians explained that a notice of appeal preserves an accused person’s right to appeal and walked the inmates through the procedure to follow and the documents required. We discovered that many of the convicts faced difficulty in the appellate process because they could not afford legal guidance or representation.  This meant that they often had to prepare all the required documents by themselves and within strict timelines. A significant number of them also reported that their appeal hearings had been postponed, in some cases for close to a year, because witnesses failed to appear in court. 

The visit left both sides with a clearer understanding of the gaps within Kenya’s criminal justice system. The inmates were able to get answers to their pressing questions, while the clinicians were reminded that access to justice often depends on whether people can understand and use the law.  The experience strengthened the Criminal Justice Unit’s resolve to continue reaching out to those who need legal support most.

Written by: Eden Adeyemi