By Joseph Muraya “”Sasa tufanye nini?” (What do you want us to do?),” it is a question one is likely to encounter if found on the wrong by authorities. One that echoes in the minds of many petty offenders, who are left with two options; giving a bribe or going...

By Ruth Kadide Keah. “My Press card and my job saved me from the agony of cleaning up Kibarani dumpsite along Mombasa- Nairobi highway” Seif Mkalla said, a reporter in one of the media houses in Mombasa. Looking stressed up by the experience, Mkalla narrates to me what befell him Monday morning...

By Melody Kozah 2 August 2018 South Africa’s move towards decriminalisation aligns with the developmental approach to crime and violence. Speaking at the launch of the United Nations Standard Minimum Rules for Treatment of Prisoners (Nelson Mandela Rules) on 25 July 2018, Minister of Justice and Correctional Services Michael Masutha said drastic...

By Collins Odote A fundamental tenet of any civilized society is the guarantee that the rule of law is the basis of governance. This requires that everybody is treated equally before the law. The law is the balancing scale against which every action and individual is weighed. It is not about...

The Cape High Court recently dealt with the review of two decisions of the lower courts in which prison sentences were handed to two offenders who had previously been convicted of multiple possession of drugs offences. Both individuals were on several occasions charged with and convicted of possession of small...

The Attorney General and Minister of Justice, Charles Francis Margai, said he will work together with judges to solve issues around petty crimes. He said instead of sending offenders to prisons for minor offences it would be good to do community services or other options. Attorney General Margai said he...

CitiNewsRoom Human rights activist, Francis-Xavier Sosu, has welcomed a research report by the Commonwealth Human Rights Initiative (CHRI) Africa Office, on the need to decriminalize and declassify petty offences in the country. The report seeks to press the judiciary and parliament to begin the process of reviewing and amending the...

Early in the morning of the 6th day of June 2018, at Mariakani law courts in Kilifi County, 9 men and a lady were brought before resident magistrate David Ndungi. The ten were charged with the offence of being drunk at Mazeras market centre in Rabai Constituency. Ronald Apaka, Francis...

In March 2015, the applicant was arrested by police whilst on his way to the market where he works as a street vendor. He was charged with the offence of being a rogue and vagabond. Section 184(1)(c) of the Penal Code provides that “every person in or upon or near...

On 23rd June 2017, the Chief Justice of Kenya, Hon. David K Maraga, established The National Council on the Administration of Justice Committee on Criminal Justice Reform (NCAJ-CCJR) to spearhead a comprehensive review and reform of Kenya’s entire criminal justice system. The terms of reference of the Committee were informed...

On 23rd June 2017, the Chief Justice of Kenya, Hon. David K Maraga, established The National Council on the Administration of Justice Committee on Criminal Justice Reform (NCAJ-CCJR) to spearhead a comprehensive review and reform of Kenya’s entire criminal justice system. The terms of reference of the Committee were informed by...

Prisons are choking with inmates, and most of them were either convicted of petty offences or are pre-trial remandees. The Office of the DPP has been visiting the correctional facilities to assess cases that can be hastened to ensure faster conclusion. It aims to end unnecessary incarceration and pre-trial remanding...

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Marginalised and stigmatised groups in society such as migrants, sex workers, homeless people and drug users are at particular risk of human rights violations during policing and security operations because of skewed power relations. Sex worker rights and health organisations receive a high volume of complaints from sex workers regarding...

Nov. 25, 2016, 6:00 pm By LYDIA MATATA, @lydiamatata The Star Newspaper Esther served a three-month jail sentence when she began sex work aged 16. Unable to produce any identification documents, she was arrested with other sex workers during a raid on a hot spot in Nairobi. That was five years ago,...

In its deliberate engagement with residents and stakeholders on petty offences in Kenya, International Commission of Jurists –Kenyan section (ICJ Kenya) took its decriminalization and reclassification of petty offences campaign to Kisumu. Radio Nam Lolwe hosted ICJ Kenya’s Human Rights Programme Manager, Edigah Kavulavu and Moses Okinyi—the Communications Officer to...

Kenyans have always found themselves on the receiving end when it comes to the law due to lack of knowledge on the existing rules of the land, but as they say, ignorance has no defense. If there are six or more persons waiting to enter a matatu at a bus...

Many petty criminal offenders in remand could soon be released as the Government moves to cut its spending on remandees, which currently stands at approximately Sh388 million monthly. The Office of the Director of Public Prosecutions (ODPP) is reviewing the cases of petty offenders at the penal and correctional facilities....

The National Council on Administrative Justice (NCAJ) recently launched the Criminal Justice Reforms Committee (NCCJR) on January 15, 2018 at the Supreme Court Gardens. The committee was constituted on June 23, 2017 following a series of advocacy initiatives by different state and non-state actors for the establishment of a structured...

Note: This table was compiled using the Penal Codes that are accessible online, and we accordingly cannot guarantee that we referred to the latest versions of the Penal Codes. We acknowledge that some countries might have these offences in local by-laws instead of the Penal Code, and the list below...

Across Africa, corrupt police officers use colonial laws to extort bribes, arrest and sexually assault the indigent and punish anyone they don't like. Malawi is throwing out these imperial outdated laws. Now its time for others to do the same.

The National Council on the Administration of Justice Committee on Criminal Justice Reforms (NCCJR) was established and gazzeted by The Chief Justice of Kenya, Hon.David K Maraga, on 23rd June, 2017.This Committee is tasked with spearheading the comprehensive review and reform of Kenya’s entire criminal justice system and overseeing the...

Mr. Wilfred Nderitu was on 3rd August 2017 elected as the Vice Chairperson of the National Council on the Administration of Justice Committee on Criminal Justice Reforms (NCCJR) at the committee’s inaugural meeting held at the Amber Hotel, Nairobi. Among the participants at the meeting was Mr. Edigah Kavulavu who...

ACJR participated in the 8th Annual Conference of the Pan African Lawyers Union Seminar focusing on Initiatives for the Decriminalisation and Declassification of Petty Offences in Africa held in Durban, South Africa from 5 – 8 July 2017. Kristen Petersen participated in a panel discussion on Continental Initiatives for the...

It’s been 54 years since Kenya got her independence and yet there are still a number of archaic, colonial and discriminatory laws on the statute books. From archival research I have done it’s clear that these laws are used to exploit, frustrate and intimidate Kenyans by restricting their right to...

An audit report in Kenya’s criminal justice system paints a tragic picture on women access to justice. It portrays state organs as the worst enemy of Kenyan women and reveals that a significant number of women languishing in jails and remand homes have been convicted of petty offences. These offences...

By Josphat Thio'go It’s Monday morning and City Hall is once again a beehive of activity after the weekend break. People are pacing up and down to pay bills or have their various queries settled. But it is the right wing of the establishment that catches one’s eye. This is...

Following the national conference on decriminalization and re-classification of petty offences held in Nairobi in March 2017, and further to research findings from the audit of the criminal justice system in Kenya previously done by LRF/RODI, the Chief Justice of the Republic of Kenya committed to set up a committee...

The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 21st Extraordinary Session held from 23 February to 4 March 2017 in Banjul, The Gambia; Recalling its mandate to promote and protect human rights in Africa under the African Charter on Human and Peoples’ Rights (the African...

06 Feb 2017 | by Melody Kozah, African Policing Civilian Oversight Forum (APCOF) People living in poverty and on the margins of society have been, and continue to be, disproportionately affected by laws that criminalise petty offences punishable by a small fine or a short term of imprisonment. In Africa,...

May 5, 2017 By NLM Reporter Criminalisation of petty offences in Kenya has, over time, provided a basis for gross violation of the human rights of poor and vulnerable populations, especially in cities and major urban centres. Even after the promulgation of the Constitution of Kenya, 2010, hundreds of thousands...

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by ODHIAMBO ORLALE · April 13, 2017 A new study on petty offences shows a link between poverty, corruption and increase in the number of inmates in remand homes and prisons. The study by International Commission of Jurists (Kenya Chapter) also shows that bribery and extortion surrounding punishment of petty...

Victor Kapiyo[1] Petty offences are generally understood to be lesser criminal acts which attract less severe punishment. This is because they are considered to be of a lower level of seriousness compared to felonies and also due to the minimal degree to which they affect others or society. In some...

By Benjamin Muriuki.   Maraga revealed that at the time he was a student and was nabbed by police in Nakuru town for allegedly loitering. The Chief Justice was speaking during the national conference on decriminalisation and re-classif ication of petty offences organised by the International Commission of Jurists at...

By JOSEPH NDUNDA, The International Commission of Jurists on Thursday called for a review of laws to remove criminal sanctions on petty offenders. They want frivolous charges against hawkers, touts, drunkards and vagabonds and other petty offenders re-looked into. Njonjo Mue, ICJ Kenya chapter chairman, said sex workers, street vendors...

Following the conclusion of the policy research on petty offences and practices affecting populations at National Level and in Kisumu, Mombasa and Nairobi county levels, ICJ Kenya alongside its national and regional partners has convened a National Conference on Decriminalization and Re-classification of petty offence in Kenya on 24th and...

By Louise Ehlers At 3 a.m. one March morning, Mayeso Gwanda, an informal trader, left his home in Blantyre, Malawi, and traveled to the nearby Limbe market. He carried with him the plastic bags he sells in order to earn a living. As he made his way along the road,...

In March 2015, the applicant was arrested by police whilst on his way to the market where he works as a street vendor. He was charged with the offence of being a rogue and vagabond. Section 184(1)(c) of the Penal Code provides that “every person in or upon or near...

"Il faut maintenant débarrasser l'Afrique d’autres lois similaires." Ce témoignage de Mayeso Gwanda, vendeur à Blantyre, au Malawi, a été recueilli par l'Open Society Foundations, un réseau de fondations créé en 1979 par le philanthrope et milliardaire américain George Soros. Je m’appelle Mayeso Gwanda, je gagne ma vie en vendant...

By Paul Muhoho The criminal justice system is jammed with less serious offences that contribute to unnecessary delay in prosecutions and congestion in detention centres, a special audit reveals. The less serious offences exclude murder, violent robbery, manslaughter, sexual offences and economic crimes offences. In an alarming disclosure, 452 children...

Lawmakers have moved at a snail's pace to change some draconian laws and history will record that it took a vendor to get the Constitutional Court to invalidate a section of rogue and vagabond that oppresses the poor. Yesterday, we met Mayeso Gwanda selling plastic bags as usual in the...

The High Court in Blantyre  has ruled that rogue and vagabond offence is unconstitutional. The determination was made by a panel of three judges comprising High Court judges Zione Ntaba, Michael Mtambo and Slyvester Kalembera,  meeting as  a constitutional court. Astreet vendor Mayeso Gwanda took the matter to Constitutional Court...