Kenya as a country
Kenya is under focus in this discussion. Kenya is a country in East Africa with a population of 47million as of 2019. Kenya is a multilingual and ethnically diverse country, and English and Kiswahili are widely spoken official languages. The most indigenous languages are Kikuyu, Kalenjin, Kamba, Meru, and Luo. In terms of economy, Kenya’s economy is market-based with a few state enterprises and a wide liberalized trade system. As of 2019, Kenya’s GDP was $99.234 billion. The growth rate per year is approximately 6% (Theodora.com, 2020). According to the World Bank, Kenya is ranked as a lower middle income since 2014. While Kenya has steady growth and a growing middle class, its economic growth and development has been impeded by corruption, underfund criminal justice system, and weak governance. Unemployment stands at 40% of the population. Agriculture is the backbone of Kenya’s economy, contributing 75% of the GDP.
In Kenya, corruption, and unpreparedness of probation officers, police, and lawyers negatively impact law enforcement. Kenya enjoys good bilateral relations with the United States. Under President Trump, Kenya and the U.S have signed bilateral agreements that allow more imports of agricultural products such as Tea and Coffee. Kenya’s government structure is democratic and made up of the Executive (President, Deputy President, and Cabinet), legislative (National Assembly and Senate), and the judiciary (Kenyabrussels.com, n.d). Kenya’s government structure is related to the criminal justice system because it supports the institutionalization of law and order. The basis of law in Kenya is the common law system. Over time, it had moved closer to English common law than when it was under British colonial rule. The major components of the criminal justice system in Kenya are the courts, law enforcement (police), and corrections.
Law Enforcement System of Kenya
The Kenya Police Service (KPS) is the primary enforcement and security agency in Kenya (Kenyalaw.org, 2017). The KPS is under the command of Deputy Inspector-General (DIG), who reports directly to the Inspector-General of KPS. The GSU or General Service Unity is KPS’s paramilitary wing, and it has approximately 10,000. The Administrative Police (AP) is a branch of KPS that enforce law and order in localities. Directorate of Criminal Investigation (DCI) is an independent or autonomous branch of KPS responsive for investigating high profile and complex cases. The director of the DCI is an appointee of the President due to the sensitivity of the position. National Intelligence Service (NIS) is a department under KPS that conducts strategic, external, and internal intelligence-gathering work. Departmental agencies include Kenya Prisons Service, National Youth Service, Kenya Forest Service, and Kenya Wildlife Service (Kenyalaw.org, 2017).
Judicial Process of Kenya
In Kenya, judicial process follow the following steps in order, (1) complaint filed, (2) investigation is conducted by law enforces to collect evidence, (3) arrest if need be, (4) court appearance by plaintiff and defendant, (5) the trial and sentencing, (6) settlement (Kenyalaw.org, 2017). Under the 2010 Kenyan Constitution, the Judicial Service Commission is mandated to prepare and implement court processes and programs for continuing training and education of judges and judicial officers. Kenya’s judiciary is made up of five superior courts, including the Supreme Court, Court of Appeals, High Court, Industrial Court, and Environment and Labor Courts. The Supreme Court, headed by Chief Justice, handles cases related to presidential elections and cases forwarded by the Court of Appeal for interpretations. The Court of Appeal handles appeals by the High Court. The High Court hears all civil and criminal cases and appeals from Magistrates’ Courts, Kadhis Court, and Courts-Martial.
Corrections Process of Kenya
In Kenya, the corrections process starts with sentencing. After sentencing, an assessment is completed. Assessments take roughly 60 to 100 days to allow relevant information to be collected about the inmate and the offense committed. Information is collected from sources, including victims, courts, police, and family members (Kenyalaw.org, 2017). After an assessment, an inmate is classified at either maximum, medium, or minimum security. When assessing the security level of an inmate, the Kenya Prisons Service considers three factors, including escape risk, institutional adjustment, and public risk, in case of an escape. The next step is the creation of the correctional plan. The plan outlines recommendations and treatments for rehabilitation. Case management is conducted where an inmate is assigned to a case management team, including an elder, a parole officer, and a correctional officer (Kenyalaw.org, 2017). The second last step is preparation for release. Releases can be temporary absences, day parole, statutory release, or work releases. The final step is community corrections, where an inmate is attached to an outside institution.
Effectiveness of the Criminal Justice System in Kenya
Kenya’s criminal justice system is somewhat effective, and cases are handled in a long time as compared to the U.S. In Kenya, there are thousands of cases that have not been handled. High profile cases relating to corrupt public officers and politicians are not handled on time. A recent survey reveals that the unpreparedness of probation officers, police, and lawyers are the main reasons causing a backlog of cases in Kenyan Courts (Apanews.net, 2019). Although the statutory timeline requires that a case be finalized in less than one year from the date of filing, some cases even take more than five years.
Human Rights Perspective of Kenya and Christian Worldview
Kenya is doing good in the protection of human rights as compared to other countries in the region. However, it is fighting human abuses caused by police brutality, child rape, child trafficking, and discrimination of women in socio-economic and political participation. For example, in 2019, police killed more than 3200 civilians. According to the Independent Policing Oversight Authority (IPOA), the number of people killed by police has increased over time (Hrw.org, 2020). From a Christian worldview, Kenya is doing the right things in addressing human rights issues. Kenya will likely protect the more human lives, thus fulfilling the biblical teachings of making human lives sacred (Kwan, 2017).
Conclusion
Kenya’s criminal justice system is doing fairly well. However, corruption and unpreparedness of probation officers, police, and lawyers negatively impact law enforcement. Therefore, relevant stakeholders should ensure that necessary changes are implemented. Also, the Judicial Service Commission should create programs that promote continuous training and education of judges and judicial officers.