28 inmates have been set free from Moyale GK Prison on parole following a judicial prison decongestion exercise conducted last week.
Addressing the Press at the Marsabit Law Courts on Tuesday, Senior Principal Magistrate, Christine Mulongo said the exercise was aimed at reducing overcrowding in the prisons while enhancing access to justice for inmates.
She said that 33 inmates were identified for review during the exercise. Out of these, 28 were successfully granted freedom, while four others had their sentences reviewed and were allowed to serve the remainder of their jail terms on parole under the supervision of the Probation Department.
One inmate’s application for release was unsuccessful and the individual remained in custody.
According to Mulongo, the exercise formed part of the Judiciary’s annual prison decongestion programme and was led by Marsabit High Court Presiding Judge Justice Francis Rayola Olel together with other judicial officers.
Magistrate Mulongo said court sessions were conducted within the prison to assess cases eligible for review.
She noted that the programme demonstrates the judiciary’s commitment to expeditious justice, fairness, and the protection of the rights of persons in custody.
Mulongo explained that under the Judiciary’s supervisory role, sentences imposed by lower courts can be reviewed to determine whether there were any irregularities during the court process. She said that inmates who have demonstrated positive behavior change during rehabilitation may also be considered for sentence reductions.
“The purpose of imprisonment is not punishment but also rehabilitation; if an inmate has genuinely reformed, their conduct reports can be considered during sentencing review,” she said.
She added that inmates with three or less years remaining of their sentences are among those who may benefit from the programme. However, she emphasised that certain offences, including defilement and crimes involving violations of children’s rights are excluded from consideration.
Mulongo said the decongestion initiative is jointly implemented by the Judiciary and the State Department for Correctional Services. She noted that many beneficiaries at Moyale GK Prison were foreign nationals who had been convicted for being unlawfully present in the country and often faced challenges such as language barrier, lack of legal representation, and limited understanding of Kenyan laws.
She also noted that women were among those who benefited from the programme and pitched for more frequent prison decongestion exercises to assist vulnerable inmates who may not be able to afford legal representation.
The Magistrate further highlighted the importance of bail and bond provisions, noting that courts have powers to release accused persons on bail while their cases are ongoing. However, individuals who cannot afford bail often remain in custody, contributing to prison congestion.
She encouraged the use of alternative justice mechanisms which were permitted by law, saying some disputes can be resolved outside conventional court processes. However, she clarified that cases involving children and matters affecting public interest cannot be handled through alternative justice systems.
Mulongo also noted that individuals charged with capital offences such as murder and robbery with violence are entitled to legal representation funded by the government if they cannot afford advocates.
The Senior Principal Magistrate meanwhile, raised concerns over unclaimed cash bail refunds and bond documents at the Marsabit Law Courts. She said many people whose cases have already been concluded have failed to collect their cash bail deposits, title deeds, and logbooks submitted as bond security.
She revealed that approximately Ksh1 million lies unclaimed and urged members of the public to visit the court and initiate the refund process through the court accountant.
“If these funds are not claimed, they may eventually be surrendered as unclaimed assets. This money belongs to the people of Marsabit and should be collected by the rightful owners,” she said.
Mulongo disclosed that the released inmates would remain under the supervision of probation officers who will monitor their conduct. She warned that anyone who violates the conditions of release or engages in criminal activities may be re-arrested and returned to court to serve the remainder of their sentence.
She said similar prison decongestion exercises will continue across the county as part of broader efforts to promote efficiency in the justice system, uphold human rights, and support the rehabilitation of offenders.
