Lady judges share ugali with prisoners

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Shimo la Tewa GK Prison inmate Peris Awuor (left) who is serving five years for trafficking bhang, serves ugali and sukuma wiki to Deputy Chief Justice Nancy Baraza (right), ICC judge Lady Justice Joyce Aluoch (second left) and Mombasa Resident Judge Justice Hannah Okwengu (second right) during a tour of the prison on Wednesday, when 158 prisoners were released through the Community Service Order. Photo/GIDEON MAUNDU 

By PHILIP MUYANGA Muyanga@ke.nationmedia.com
Posted  Thursday, August 18  2011 at  22:30

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As inmates would attest, the experience of a judge or magistrate delivering a judgment that sends them to jail by the stroke of a pen remains etched in their minds.

Judges and magistrates are the very face of the judicial system.

The court room scenario with the judge occupying the elevated, expansive bench and the inmate-to-be cringing in the dock below, only serve to emphasise their different worlds.

But these worlds merged on Wednesday when judges turned up at one of the country’s top prisons — Shimo la Tewa — to talk to and mingle with the inmates.

The air was poignant with the irony that some of the judges present were actually the ones who sent the prisoners to jail after trying them for their various offences.

Striped uniforms

But if this reality weighed on the minds of the inmates in striped uniforms and the judges in smart suits and dresses, it was not evident; perhaps it was simply thrown to the winds.

It was all smiles as the inmates welcomed Deputy Chief Justice Nancy Baraza, International Criminal Court judge Joyce Aluoch and judges Maureen Odero, Hannah Okwengu, Mohamed Warsame and Mombasa chief magistrate Rosemelle Mutoka.

It was a rare occasion, indeed, as the inmates and the judicial officers mingled freely, exchanging pleasantries before the deputy CJ, Ms Okwengu and Ms Aluoch sampled lunch of ugali and vegetables cooked for women inmates.

The judicial officers also had the opportunity to present the inmates with rice and dates to women and male inmates occupying Shimo la Tewa’s two separate wings.

The icing on the cake during the visit by the deputy CJ and her delegation was the announcement of the release of 158 inmates serving various sentences of less than three years.

“We came here to tell you that you are not forgotten, you are Kenyans, and our duty is to come and talk to you,” Ms Baraza said.

Some of the inmates said they were remorseful for the sins they had committed, and they were asking for pardon.

“We are praying for forgiveness; we want the government to be lenient to us,” an inmate, Joyce Wairimu, said.

The deputy CJ and her delegation were taken by surprise when the inmates congratulated Lady Justice Odero for showing commitment to her work despite a heavy workload.

“We are happy with Ms Odero’s work. She has ensured our cases are not delayed despite having to deal with many civil cases. Please do not remove her from the station,” an inmate said while presenting a memorandum on behalf of others.

They also urged the deputy CJ to set up a committee to review sentences of those currently serving terms to consider their release.

One told Justice Baraza to consider the introduction of confirmation of charges to the accused first before being formally charged.

“The judges should also be tough to state counsels who always seek irrelevant adjournment,” the inmate said.

Remand prisoner Anthony Kamau said some accused were given exorbitant bond terms, which they could not afford.

The deputy CJ assured the inmates that whatever they raised would be looked into.

Ms Baraza conceded that Mombasa had a shortage of judges, but said that as from next month, more judges would be posted to the station listen to the grievances raised.

As the five names of those who were being freed were called out at the women’s prison, ululation, tears of joy and excitement engulfed the facility. None had anticipated the release.

The same scenario repeated itself at the male section. Inmates from Kwale and Kaloleni prisons were also among those released.

Justice Mohamed Warsame who oversees the community service order programme said inmates were released depending on circumstances and reports generated from the probation and prison authorities.