News
Petty offenders to skip police cells
Paul Waweru | NATION Mr Peter Mbwika Muli (right) and Mr Francis Kanyare Kihara in a Nairobi court on Monday where they refused to plead to a charge of taking part in an unlawful assembly on August 27 on Muindi Mbingu Street, Nairobi. They argued the new Constitution allows them to demonstrate. They were released on Sh1,000 cash bail each until September 3, when the case will be mentioned.
Posted Monday, August 30 2010 at 22:00
In Summary
- Arrested persons will be entitled to free bond for offences attracting a fine or less than six months in jail
Minor offenders will no longer be remanded because the new Constitution outlaws it.
The Constitution, under the rights of arrested persons, says the person cannot be remanded in custody for an offence that is punishable by a fine or imprisonment of not more than six months.
According to lawyer Okong’o Omogeni all those in prison held for failure to raise cash bail are supposed to be released on free bond.
“This means that most traffic offenders as well as those who break city by-laws should be bonded immediately as opposed to current practice where they are remanded pending court appearance,” said Mr Omogeni.
According to the penal code, the petty offenders who might fall in the category include chang’aa sellers and drinkers, petty thieves, prostitutes and those behaving in a disorderly or indecent manner in any public place.
People causing or encouraging others to beg or gather alms shall not be remanded.
Others in the category are persons, who publicly conduct themselves in a manner likely to cause a breach of the peace, those who without lawful excuse publicly do any indecent act and those who solicit for immoral purposes.
Justice and Constitutional Affairs minister Mutula Kilonzo said the fact that a Kenyan will no longer sleep in a cell for a bailable offence is a plus for this nation adding that will decongest police cells in the country.
Alongside the gains on the arrested persons are article 49 (1) where during the arrest the police will be required to inform the person promptly in language that he or she understands of the reason of the arrest.
Previously police would arrest someone and put them in the cells without explaining why.
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Submitted by fundes4Posted August 31, 2010 06:28 PM
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Submitted by Governer
They were released on a cash bail of 1,000 each what if they fail to raise it they will still not be remanded. Somebody teach our magistrates and judges that while not outlawed garnting bail or bond to suspects of petty offences is unreasonable who was the magistrate in this that one should be vetted immediately.
Posted August 31, 2010 03:41 PM -
Submitted by rofi
That is not going to happen with our current Police. You are telling them to release 'Mabusu'? No way, Unless you ensure reformatting and reprogramming before that happens
Posted August 31, 2010 02:23 PM -
Submitted by waclare
i hope the police are trained in that because the way we know them its the opposite
Posted August 31, 2010 01:22 PM -
Submitted by geofred
Our police are in trouble.
Posted August 31, 2010 01:40 AM
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I hope that police are as well going to abide by the new new laws. What the new law does`nt know is that these sama police can accuse you for terrorism in order or them to get "chai" meaning that petty crime is from now on a past tense. Anytime these guys arrest you just know that you are in touble coz you have to sleep in those cells. that means a serious offence shall be implicated.