Nairobi — The release of about 7,000 prisoners on Jamhuri Day following a presidential pardon was as much an act of mercy, as a statement about the failure of the penal system in Kenya.

If all manner of small-time and first-time offenders are to be routinely sentenced to long prison terms, by Jamhuri Day next year, there could be another 7,000 petty offenders due for release.

We have made the point many times before that the country, and the Judiciary, would benefit tremendously if, as a standard, those convicted on the bulk of these petty offences were sentenced to community service instead.

As it is now, the cost of maintaining the large prison population is prohibitive. Conditions are so harsh in prisons, that, besides deaths, the inmates are not being reformed. Some are instead becoming hardened criminals.

In addition, these petty offences are so many, they have crowded court schedules, thus delaying the hearing of more urgent cases like murder, rape, and robbery.

The cause of justice in general will be better-served, therefore, if there is a bold effort to establish small claims courts.

Otherwise we cannot continue to be the kind of country where a student who protests against a corrupt school head, and a young man who misguidedly attempts to kiss a girl are jailed for anything up to 10 years, while someone who steals medicine meant for district hospitals - thus causing several deaths of patients - gets away with six months.

In fact, in many cases in recent years, people who have looted billions of shillings of taxpayers' money have not even being prosecuted.

This situation, in the end, undermines the rule of law and democracy, because the credibility of the system is undermined by this gross unfairness.