In Kenya, prison overcrowding has long been a problem, with the number of inmates exceeding the capacity of the institutions. Kagume and Kemboi (2022) in a study evaluated this problem to provide policy solutions.[1] It was followed by a presentation to an IEA audience, with a recording available here and a presentation link available here.[2],[3]
The study aimed to achieve four objectives. Using data from the Economic Survey and other sources, we attempted to calculate the actual costs of imprisonment. We determined the costs and benefits, or lack thereof, by comparing the cost of incarceration to the budgets allocated to support prisons at the same time. The study identified policy measures for closing deficits or reallocating surplus funds to competing for social needs, such as prisoner rehabilitation and crime prevention. Lastly, we used simulation analysis to determine how prison costs could be reduced through alternative methods of confinement or surveillance, resulting in a decrease in the overall number of prisoners in the country.
An evaluation of economic data reported by the Kenya National Bureau of Statistics (KNBS) shows that they are more un-convicted prisoners annually than convicted prisoners within Kenya’s prison facilities.
Table 1: Persons committed to prison
Source: KNBS Economic Survey 2021
According to data from the prison department, the number of inmates held across the country nearly doubled the capacity of the institutions[4].
Article 49(1)h requires that persons before Kenyan courts be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released. The Constitution has already provided incentives for judgements to release petty offenders. Article 49(2) requires that a person shall not be remanded in custody if the offence is punishable by a fine only or imprisonment for not more than six months. The Constitution of Kenya asserts the right to bail, which frees persons in Kenya during their trials until conclusions.
The Constitution of Kenya 2010 prohibits arbitrary and prolonged detentions and provides a Constitutional benefit for the persons in Kenya who have been accused by the state but not yet convicted. Article 29(a) of the Constitution requires every person to have the right to freedom and security of the person, which includes the right not to be—deprived of freedom arbitrarily or without just cause or be detained without trial.
Key policy actors in the criminal justice system have raised the congestion issue. Chief Justice Maraga decried the conditions of prisons, saying that number of prisoners remanded is causing congestion in the prisons. Chief Justice David Maraga has raised concerns over the rising number of people being remanded in prisons for petty crimes [5]. Maraga, while in an event, noted with concern that most offenders in remand have failed to raise money to facilitate bonds and cash bail and said the Judiciary would review bail and bond terms to make them realistic rather than repressive [6].
The Office of the Director of Public Prosecutions (ODPP) has been rooting for adopting alternative dispute resolution to decongest prisons, making the economic argument that prison reforms would save Kenya some of the Sh5.5 billion used annually to feed prisoners. The government spends Sh270 daily to feed each of the 55,000 prisoners[7].
Furthermore, there are economic costs when people are detained for an extended time in situations where they are not supposed to be detained. Prison officials argue that resources are needed to build more prisons. However, the IEA believes in the constitutional right to bail and that innovative ways to reform bail conditions, terms, and bailable offences, such as ankle bracelet technology, should be possible.
Electronic monitoring is a technology platform that judicial and executive authorities use to regulate and enforce suspects’ or offenders’ spatial and temporal activity. It can be used independently or in conjunction with other supervisory techniques, but it is not a sanction in and of itself. Electronic monitoring technologies date back to the early 1960s, including ankle devices and GPS tracking. It has been used in various countries to address prison overcrowding and is cost-effective.
Reducing the prison population for unconvicted suspects has constitutional, public finance management, and social justice arguments. By implementing ankle bracelets on 25% of unconvicted inmates, the overall prison population can decrease by 16%. Using ankle bracelets on half of the unconvicted prisoners can lead to a 29% reduction, and a 47% reduction can be achieved with at least 75% of unconvicted inmates wearing the bracelet. Such reductions can result in substantial savings on food costs, ranging from Ksh 6.39 million to Ksh 19.17 million per day and up to Ksh 7 billion annually. Deploying ankle bracelets on all women accused of liquor offences can lead to a 60% reduction in the female prison population, contributing to the care economy and family stability and promoting social justice.
In conclusion, Kenya’s prisons are overcrowded, with the number of inmates far exceeding the capacity of the institutions. This situation violates the constitutional rights of individuals, particularly those who have been accused but not yet convicted. The use of ankle bracelets for unconvicted suspects is an effective way to reduce the prison population, save costs, and promote social justice. Policymakers and stakeholders in the criminal justice system must take action and implement innovative solutions, such as electronic monitoring, to address the issue of prison congestion and uphold the constitutional rights of all individuals in Kenya.
References
[1] Kagume, Jackline, and Leo Kipkogei Kemboi. “The Economics of Pretrial Detention: Reducing Congestion in Kenya’s Prisons.” Institute of Economic Affairs Kenya, September 2022. https://ieakenya.or.ke/download/the-economics-of-pretrial-detention-reducing-congestion-in-kenyas-prisons/.
[2] IEA Kenya. “The Economics of Pretrial Detention Reducing Congestion in Kenya’s Prison.” www.youtube.com, December 19, 2022. https://www.youtube.com/watch?v=QQuwtCDBZrc.
[3] Kagume, Jackline, and Leo Kipkogei Kemboi. “The Economics of Pretrial Detention: Reducing Congestion in Kenya’s Prisons.” Institute of Economic Affairs Kenya, September 2, 2022. https://ieakenya.or.ke/download/the-economics-of-pretrial-detention-reducing-congestion-in-kenyas-prisons-2/.
[4] Murage, George. “Congestion Takes Its Toll on Prisons after Population Doubles.” The Star, 2019. https://www.the-star.co.ke/news/2019-11-17-congestion-takes-its-toll-on-prisons-after-population-doubles/.
[5] The Informer. “Prison Remandees Cause Congestion in Cells – CJ Maraga ,” January 15, 2018. https://theinformer.co.ke/10807/prison-remandees-cause-congestion-in-cells-cj-m-araga/.
[6] Kamunde, Muraya. “Judiciary to Review Cases of Minor Offenders in Effort to Decongest Prisons.” KBC, October 13, 2018. https://www.kbc.co.ke/judiciary-to-review-cases-of-minor-offenders-in-effort-to-decongest-prisons/.
[7] Kibor, Fred. “DPP Pushes for Plea Bargain to Decongest Prisons, Cut Upkeep Costs.” Business Daily, January 26, 2022. https://www.businessdailyafrica.com/bd/economy/dpp-pushes-bargain-to-decongest-prisons-save-sh5-5-billion-3695540.
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This blog highlights IEA’s most recent work on taxation, a problem-driven political economy analysis of taxation.[i] After the study’s publication, a webinar was held to discuss the findings of the political economy analysis available here. [ii] In the introduction, the study outlines how Kenya’s tax policy faces challenges from its political ecosystem, structural factors, and […]
Case Adjournments is one of the key issues that contributes to case backlogs because it reduces the efficiency of courts. An adjournment in a legal setting involves pausing or temporally stopping ongoing proceedings to be continued at a later time, date, or location. It may also indicate the end of the day’s proceedings. Parties involved […]
Introduction In February 2023, the Kenyan government announced its intention to establish a framework that will enable Savings and Credit Cooperative Societies (SACCOs) to extend loans to each other. This inter-Sacco lending framework shall be set up by the Sacco Societies Regulatory Authority (SASRA) and was anticipated to be in effect from August 2023. This […]
While Kenya has long implemented the NHIF (National Hospital Insurance Fund) whose core mandate is to provide medical insurance coverage to all its members and their declared dependants and also to make medical care affordable, enrolment rates, particularly in the voluntary and informal sectors, remain low. Yet, NHIF is the most common type of health […]
Post date: Tue, Mar 14, 2023 |
Category: Law and Economy |
By: Jackline Kagume, Leo Kipkogei Kemboi, |
In Kenya, prison overcrowding has long been a problem, with the number of inmates exceeding the capacity of the institutions. Kagume and Kemboi (2022) in a study evaluated this problem to provide policy solutions.[1] It was followed by a presentation to an IEA audience, with a recording available here and a presentation link available here.[2],[3]
The study aimed to achieve four objectives. Using data from the Economic Survey and other sources, we attempted to calculate the actual costs of imprisonment. We determined the costs and benefits, or lack thereof, by comparing the cost of incarceration to the budgets allocated to support prisons at the same time. The study identified policy measures for closing deficits or reallocating surplus funds to competing for social needs, such as prisoner rehabilitation and crime prevention. Lastly, we used simulation analysis to determine how prison costs could be reduced through alternative methods of confinement or surveillance, resulting in a decrease in the overall number of prisoners in the country.
An evaluation of economic data reported by the Kenya National Bureau of Statistics (KNBS) shows that they are more un-convicted prisoners annually than convicted prisoners within Kenya’s prison facilities.
Table 1: Persons committed to prison
Source: KNBS Economic Survey 2021
According to data from the prison department, the number of inmates held across the country nearly doubled the capacity of the institutions[4].
Article 49(1)h requires that persons before Kenyan courts be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released. The Constitution has already provided incentives for judgements to release petty offenders. Article 49(2) requires that a person shall not be remanded in custody if the offence is punishable by a fine only or imprisonment for not more than six months. The Constitution of Kenya asserts the right to bail, which frees persons in Kenya during their trials until conclusions.
The Constitution of Kenya 2010 prohibits arbitrary and prolonged detentions and provides a Constitutional benefit for the persons in Kenya who have been accused by the state but not yet convicted. Article 29(a) of the Constitution requires every person to have the right to freedom and security of the person, which includes the right not to be—deprived of freedom arbitrarily or without just cause or be detained without trial.
Key policy actors in the criminal justice system have raised the congestion issue. Chief Justice Maraga decried the conditions of prisons, saying that number of prisoners remanded is causing congestion in the prisons. Chief Justice David Maraga has raised concerns over the rising number of people being remanded in prisons for petty crimes [5]. Maraga, while in an event, noted with concern that most offenders in remand have failed to raise money to facilitate bonds and cash bail and said the Judiciary would review bail and bond terms to make them realistic rather than repressive [6].
The Office of the Director of Public Prosecutions (ODPP) has been rooting for adopting alternative dispute resolution to decongest prisons, making the economic argument that prison reforms would save Kenya some of the Sh5.5 billion used annually to feed prisoners. The government spends Sh270 daily to feed each of the 55,000 prisoners[7].
Furthermore, there are economic costs when people are detained for an extended time in situations where they are not supposed to be detained. Prison officials argue that resources are needed to build more prisons. However, the IEA believes in the constitutional right to bail and that innovative ways to reform bail conditions, terms, and bailable offences, such as ankle bracelet technology, should be possible.
Electronic monitoring is a technology platform that judicial and executive authorities use to regulate and enforce suspects’ or offenders’ spatial and temporal activity. It can be used independently or in conjunction with other supervisory techniques, but it is not a sanction in and of itself. Electronic monitoring technologies date back to the early 1960s, including ankle devices and GPS tracking. It has been used in various countries to address prison overcrowding and is cost-effective.
Reducing the prison population for unconvicted suspects has constitutional, public finance management, and social justice arguments. By implementing ankle bracelets on 25% of unconvicted inmates, the overall prison population can decrease by 16%. Using ankle bracelets on half of the unconvicted prisoners can lead to a 29% reduction, and a 47% reduction can be achieved with at least 75% of unconvicted inmates wearing the bracelet. Such reductions can result in substantial savings on food costs, ranging from Ksh 6.39 million to Ksh 19.17 million per day and up to Ksh 7 billion annually. Deploying ankle bracelets on all women accused of liquor offences can lead to a 60% reduction in the female prison population, contributing to the care economy and family stability and promoting social justice.
In conclusion, Kenya’s prisons are overcrowded, with the number of inmates far exceeding the capacity of the institutions. This situation violates the constitutional rights of individuals, particularly those who have been accused but not yet convicted. The use of ankle bracelets for unconvicted suspects is an effective way to reduce the prison population, save costs, and promote social justice. Policymakers and stakeholders in the criminal justice system must take action and implement innovative solutions, such as electronic monitoring, to address the issue of prison congestion and uphold the constitutional rights of all individuals in Kenya.
References
[1] Kagume, Jackline, and Leo Kipkogei Kemboi. “The Economics of Pretrial Detention: Reducing Congestion in Kenya’s Prisons.” Institute of Economic Affairs Kenya, September 2022. https://ieakenya.or.ke/download/the-economics-of-pretrial-detention-reducing-congestion-in-kenyas-prisons/.
[2] IEA Kenya. “The Economics of Pretrial Detention Reducing Congestion in Kenya’s Prison.” www.youtube.com, December 19, 2022. https://www.youtube.com/watch?v=QQuwtCDBZrc.
[3] Kagume, Jackline, and Leo Kipkogei Kemboi. “The Economics of Pretrial Detention: Reducing Congestion in Kenya’s Prisons.” Institute of Economic Affairs Kenya, September 2, 2022. https://ieakenya.or.ke/download/the-economics-of-pretrial-detention-reducing-congestion-in-kenyas-prisons-2/.
[4] Murage, George. “Congestion Takes Its Toll on Prisons after Population Doubles.” The Star, 2019. https://www.the-star.co.ke/news/2019-11-17-congestion-takes-its-toll-on-prisons-after-population-doubles/.
[5] The Informer. “Prison Remandees Cause Congestion in Cells – CJ Maraga ,” January 15, 2018. https://theinformer.co.ke/10807/prison-remandees-cause-congestion-in-cells-cj-m-araga/.
[6] Kamunde, Muraya. “Judiciary to Review Cases of Minor Offenders in Effort to Decongest Prisons.” KBC, October 13, 2018. https://www.kbc.co.ke/judiciary-to-review-cases-of-minor-offenders-in-effort-to-decongest-prisons/.
[7] Kibor, Fred. “DPP Pushes for Plea Bargain to Decongest Prisons, Cut Upkeep Costs.” Business Daily, January 26, 2022. https://www.businessdailyafrica.com/bd/economy/dpp-pushes-bargain-to-decongest-prisons-save-sh5-5-billion-3695540.
In a Public-public-private partnership, the private partner typically assumes many responsibilities throughout the project life cycle. In a Build-Operate-Transfer (BOT) model, the private entity is responsible for an infrastructure project’s design, construction, financing, and operation for a specific period. The private entity, called the concessionaire, operates the project and recovers construction costs through user fees, […]
This blog highlights IEA’s most recent work on taxation, a problem-driven political economy analysis of taxation.[i] After the study’s publication, a webinar was held to discuss the findings of the political economy analysis available here. [ii] In the introduction, the study outlines how Kenya’s tax policy faces challenges from its political ecosystem, structural factors, and […]
Case Adjournments is one of the key issues that contributes to case backlogs because it reduces the efficiency of courts. An adjournment in a legal setting involves pausing or temporally stopping ongoing proceedings to be continued at a later time, date, or location. It may also indicate the end of the day’s proceedings. Parties involved […]
Introduction In February 2023, the Kenyan government announced its intention to establish a framework that will enable Savings and Credit Cooperative Societies (SACCOs) to extend loans to each other. This inter-Sacco lending framework shall be set up by the Sacco Societies Regulatory Authority (SASRA) and was anticipated to be in effect from August 2023. This […]
While Kenya has long implemented the NHIF (National Hospital Insurance Fund) whose core mandate is to provide medical insurance coverage to all its members and their declared dependants and also to make medical care affordable, enrolment rates, particularly in the voluntary and informal sectors, remain low. Yet, NHIF is the most common type of health […]