Petty offenders to skip police cells

• 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.