Kenyan Prisons Experience Record Number of Male Convictions and Imprisonments in 2023
A new report from the National Council on the Administration of Justice (NCAJ) has revealed that a record number of men have been convicted and imprisoned in Kenya in 2023. According to the report, out of the 35,557 convicted prisoners, a staggering 33,787 are men. In contrast, only 1,770 females were found guilty of crimes and sentenced to prison during the same period.
The report also highlights that Kenyan prisons are currently holding a concerning number of unconvicted individuals. In 2023 alone, there were 26,358 people in this category, with 24,885 being men and 1,473 being women. This brings the total prison population to a staggering 61,915, the highest number reported in the last five years. Comparatively, in 2022, there were 54,750 prisoners, representing a significant increase in just one year.
The NCAJ report suggests that the rise in prisoner numbers could be attributed to the inability of petty offenders to meet bail or bond terms, as well as their inability to pay the fines imposed upon conviction. These factors have resulted in individuals being detained for extended periods without being found guilty of any crime.
Another concerning finding from the report is the increase in the number of individuals sentenced to death. Between 2021 and 2022, the number of convicted persons sentenced to death has risen from 73 to 94. In 2021, 72 males and one female received this sentence, while in 2022, the number of men rose to 93, with one female also being sentenced to death.
Additionally, the report reveals an increase in the number of individuals serving life imprisonment. In 2021, there were 273 people serving life sentences, and this number rose to 325 in 2022. Among those sentenced to life imprisonment in 2021, 268 were men, accompanied by five women. In 2022, there were 328 men and seven women serving life sentences.
The issue of the death penalty in Kenya has been a subject of legal debate and action. In 2017, the Supreme Court ruled that mandatory death sentences for certain offenses, such as murder, were unconstitutional. Since 1987, no executions have been carried out, and former presidents Mwai Kibaki and Uhuru Kenyatta commuted the sentences of all death row prisoners to life imprisonment in 2009 and 2016, respectively.
To address the overcrowding of Kenyan prisons and the duration of life imprisonment, the new Penal Code (Amended) Bill of 2023 aims to substitute life imprisonment with a maximum period of 30 years.
The growing number of male convictions and imprisonments in Kenyan prisons is a matter of concern. The overrepresentation of men in the prison system warrants further examination of the justice system and its impact on gender dynamics within society. Efforts should be made to address the issue of prolonged detention for unconvicted individuals, provide alternatives to imprisonment for petty offenses, and explore measures to reduce recidivism rates.