John Koigi /Inside Story
4 July 2005
column
Nairobi — Though there have been notable efforts at transforming prisons from being dungeons of death and immorality into correctional centres, an issue that's integral to the rehabilitation of prisoners is yet to be addressed: their integration into the community upon release.
Since they are viewed as outcasts, it's argued, prisoners masochistically prefer the gallows - where their 'contemporaries' are - rather than live in a society where they are perpetually under suspicion. They will thus repeat crimes so as to be re-arrested.
"We do not want stigma remaining on them," said the Vice President Moody Awori during a function at Langa'ta Women's Prison last week.
A humorous side to the argument fronted as the reason behind the high crime rate is that with the prison reforms initiated by the Ministry of Home Affairs soon after a new government came to power in 2002, the lifestyle of inmates has become better than that of some 'free' people.
Thus, some will commit crimes deliberately so as to be incarcerated and enjoy this lifestyle.
The VP who is also the Minister for Home Affairs said that a new programme known as the GJ LOS - Governance, Justice, Law and Order, which brings together police, army, prisons and judiciary will ensure that only those who deserve to be in prison are there and once there, 'their human rights will be defended so that the intention is rehabilitation.'
By discriminating against former jail birds, Elizabeth Talitwala a counsellor says, the society contributes to the increase in crime. "They should be received with love, acceptance and encouragement."
Some employers demand a declaration of a potential employee's criminal history, if any, and one is likely to lose an opportunity if they have a past brush with the law, says Ambrose Murunga, a security consultant.
He says that unless the Government legislates against discrimination based on criminal record (for which one has already paid his debt to society), it is tricky convincing people that an ex-convict can deliver just as efficiently and as reliably as the next guy.
Noble as the GJ LOS initiative is, Murunga says, it should also incorporate a scientific investigation process that brings to trial only suspects against whom there is solid evidence, a correctional system that instils a sense of self-worth in the individual, and a judicial process "that is more sympathetic to reality on the streets."
He explains that suspects should not be acquitted on petty technicalities 'like a missing word on a charge sheet', for this has got nothing to do with the fact that the accused probably murdered, raped or robbed the complainant. In such cases, Murunga suggests, the anomaly in drafting should be amended immediately for the case to progress.
Criminals should also be separated according to the nature of their offences. "First offenders should never be mixed with hard-core criminals. They only end up becoming tough and reforming them becomes very difficult," says Talitwala.
Keith Leenhouts in his book A Father, A Son and a Three Mile Run tells the story of his relationship with his son Bill and how he, as a judge in the United States, reduced the rate of repeat crime in his court by up to 75 per cent.
He writes that before adopting a system of discipline and treatment that addressed each convict's unique needs - and involved 300,000 volunteers helping the inmates -, he would "look at the defendants for a few seconds and after they were found guilty or pleaded guilty would say, 'you pay a fine or you go to jail.' Nothing else. Like cattle that file through stockyards and are killed by a quick blow to the head as they appear, so we would fine and jail offenders without thought or hesitation, one after another, all day long, day after day, month after month, year after year."
Any difference with our justice system?
The immediate former prisons boss Mr Abrahim Kamakil says, "after working for the department for over 30 years, I can say that not all those in prison are guilty."
There are about 49,312 prisoners in the 93 prisons in the country. Mwangi Kibunja, the CID spokesman says that indiscriminate arrests of people also breeds animosity between the government and the people. "In Eastlands, for instance, any young man risks being arrested for no substantial reason. This is a sorry cycle of criminalising the youth. People view the government through the police."
Criminals are mostly aged between 14 and 50 years. Mr Kibunja says that those between 14 and 35 years are most likely to commit physical crimes, while those aged between 35 and 50 years are involved in organised crime.
When criminals reform, Ms Talitwala says, they turn out to be very productive members of the community since they get fulfilment from and channel their deviant energy elsewhere.
Minister Awori said the government is working to ensure that there are enough facilities for inmates to not only rehabilitate but train them so that when they are released, they can have adequate professional skills to enable them earn a living.
He opined that the government should be at the forefront of giving past prisoners employment opportunities, for the private sector to follow suit.
The newly appointed commissioner of Prisons Mr Gilbert Midhune Omondi has pledged to continue the reforms in the prisons sector initiated by his predecessor.
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