In a significant stride toward decongesting courts and humanizing justice, the Kenya Prisons Service (KPS) has reaffirmed its evolving role as a key player in the nation’s legal ecosystem. This follows the official launch of the Garissa Alternative Justice Systems (AJS) County Action Plan, Model, and Suite—a landmark event that saw the highest echelons of the judiciary and correctional services unite for a common goal: accessible, community-centered justice.
The launch, presided over by the Chief Justice and President of the Supreme Court, Hon. Lady Justice Martha K. Koome, EGH, featured the Deputy Commissioner General of Prisons (Technical), Jane Kirii, EBS, ndc (K), representing the Commissioner General of Prisons. Her presence was a powerful symbol of the Kenya Prisons Service’s integral commitment to this transformative initiative.
Understanding Alternative Justice Systems (AJS)
The AJS initiative is not a new concept but a formalized framework rooted in Article 159(c) of the Constitution of Kenya (2010), which recognizes traditional dispute resolution mechanisms. However, its implementation in Garissa County is particularly strategic.
In regions like Garissa, where cultural traditions and clan-based governance structures have long been the primary means of resolving conflicts, the formal court system can often feel distant, expensive, and culturally alienating. The AJS model seeks to bridge this gap. It creates a “multi-door” system for justice delivery, allowing disputes to be resolved through community-led dialogues, mediation, and reconciliation processes that are faster, cheaper, and more culturally relevant than protracted court battles.
For the Kenya Prisons Service, this is a critical development. AJS addresses justice from the front end, potentially reducing the number of individuals entering the penal system for minor, non-violent offenses that are better resolved within their community.
The Kenya Prisons Service: From Custodial to Facilitative Role
Historically viewed primarily as a custodial agency, the KPS is proactively transforming into a facilitative institution that supports the entire justice chain. DCGP Jane Kirii’s address at the launch underscored this strategic shift.
She highlighted the Service’s ongoing efforts to facilitate infrastructure for virtual court sessions in correctional facilities across the country. This technological advancement is a cornerstone of the AJS framework. By enabling inmates to attend court hearings and even participate in alternative justice processes remotely, the Kenya Prisons Service is:
- Expediting Case Resolution: Reducing the logistical nightmare and security risks of physically transporting inmates to court, thereby speeding up hearings and reducing case backlogs.
- Enhancing Access: Allowing prisoners in remote facilities to easily connect with mediators, justices, and their communities for AJS proceedings.
- Supporting Rehabilitation: By facilitating participation in restorative justice processes, the KPS helps inmates maintain family and community ties, which is a proven factor in reducing recidivism.
This aligns perfectly with the KPS’s broader mandate of not just detaining offenders but also rehabilitating them and supporting their reintegration into society.
Why Garissa? The Significance of Context
The choice of Garissa County for this launch is a masterstroke in contextual justice delivery. The region’s strong cultural identity means that traditional elders and community structures already hold significant moral authority. The AJS model doesn’t replace these systems; it strengthens and formalizes them, ensuring their outcomes are consistent with the Bill of Rights and the Constitution.
For the Kenya Prisons Service, this means that individuals from Garissa who are involved in the justice system can have their cases resolved in a manner that their community respects. This fosters greater buy-in, compliance with outcomes, and sustainable peace. It also prevents the unnecessary incarceration of individuals for petty crimes, which often exacerbates poverty and social dislocation.
A Unified Vision for Justice
The collaboration between the Judiciary and the Kenya Prisons Service at this event signals a powerful, unified vision. Chief Justice Koome’s leadership in championing AJS and DCGP Kirii’s unwavering support demonstrate that justice is no longer seen as a linear process but as an ecosystem.
In this ecosystem, the role of the Kenya Prisons Service is being redefined. It is no longer merely the endpoint of a failed justice process but an active participant in creating solutions. By providing the digital infrastructure for virtual justice and supporting the rehabilitative goals of AJS, the KPS is positioning itself as an indispensable partner in building a more just, efficient, and humane society.
The Road Ahead
The launch in Garissa is a pilot, a proof of concept that will likely be replicated across other counties with similar cultural dynamics. For the Kenya Prisons Service, the challenge will be to continue scaling up its technological capabilities and training its staff to support these new forms of justice delivery.
This initiative proves that the Kenya Prisons Service is fully aligned with the nation’s constitutional vision of justice. It is moving decisively away from being a mere warehouse of human suffering to becoming a dynamic, solutions-oriented institution that is vital to the health of Kenya’s democracy. The Garissa AJS launch is not just about resolving disputes differently; it is about reimagining the very concept of justice in Kenya, with the Prisons Service playing a leading role in its evolution.