India’s top court struck down a colonial-era law that made homosexual acts punishable by up to 10 years in prison, a landmark victory for gay rights in the world’s largest...
Hawking is employment and a socioeconomic right, not crime
Many hawkers in Kenya, from anecdotal evidence, have been women. They educate, feed, shelter and clothe their children with the income from what they knew best and how they knew...
INDIA: Supreme Court verdict is ‘call for action’ to Commonwealth Nations bound to colonial laws: CHRI
New Delhi, September 9-- The unanimous Indian Supreme Court judgment which ended the ban on consensual gay sex in private is a landmark verdict which is a “call to action” for...
Study proposes decriminalizing traffic offences to cut case backlog
By Dorothy Otieno Almost three-quarters of criminal cases in Nairobi and Narok counties are traffic violations, shows report The high number of traffic cases is disrupting the criminal justice system...
Jail isn’t right place for the mentally ill
Almost half of the 140 inmates in Warren County Jail have been prescribed psychotropic drugs, and more than half are receiving mental health treatment. It would be as accurate to...
KENYA:The bribery economy; how petty offenders have been made cash cows
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...
KENYA:A Reporter’s Tale of Agony in the Hands of Law Enforcers
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...
SOUTH AFRICA:Decriminalise petty offences to reduce prison overcrowding
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...
KENYA:We must stop criminalising poverty
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...
SOUTH AFRICA:A Petty Offence Remains a Petty Offence-South African High Court
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...
CRIMINAL JUSTICE REFORMS: ISSUES AND OPTIONS FOR KENYA
SIERRA LEONE: Attorney General to address ‘Petty Crimes’
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...
GHANA: Decriminalizing Petty Offences In The Right Direction
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...
KENYA:Petty Offenders Congesting Kenyan Prisons
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....
Communique: Poverty is not a crime
It remains the case that too many people, especially the poor and other disadvantaged groups, are arrested and even detained for the transgression of minor offences, such as loitering, being...
MALAWI: Challenging constitutionality of rogue and vagabond offence
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...
NCAJ Reform Committee engages DCI on criminal Justice Reforms
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...
NCAJ Reform Committee engages DCI on criminal Justice Reforms
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...
KENYA:Government banks on law changes to stop jailing of petty offenders
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...
SOUTH AFRICA:“The Policing Of Sex Work In South Africa: A Research Report On The Human Rights Challenges Across Two South African Provinces” December 2017
DOWNLOAD: PPP Flyer Final: Introducing the Positive Policing Partnership The “PPP” Initiative: Sex work and policing in South Africa DOWNLOAD Sweat CSR Report Final - 5 March 2018 DOWNLOAD Research Brief_final ...
The Policing Of Sex Work In South Africa
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...
KENYA:Sex workers trained as paralegals protect colleagues from police harassment
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...
KENYA:Poverty is Not a Crime: Kisumu Residents Lament Harassment on Petty Offences
International Commission of Jurists Kenyan Chapter (ICJ Kenya) extended their decriminalization and re-classification of petty offences campaign to Kisumu’s Ofafa Hall on March 17th 2018. The campaign compliments ICJ Kenya’s...
Review Petty Offences Laws: ICJ Kenya Brings Decrim Campaign to Radio
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...
KENYA: 10 Nairobi by-Laws That Could Get You Arrested
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...
KENYA: State could release petty offenders after case reviews: ODPP
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...
ZIMBABWE: Vendors acquitted over protest against Police and City Council operation to remove them from CBD
HRDs Alert 19 February 2018 A ZIMBABWEAN court has acquitted three informal traders, who had been on trial for allegedly committing public violence late last year. The informal traders namely...
KENYA: launches National Committee on Criminal Justice Reforms
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...
LAGOS, NIGERIA: Lawyer Asks Buhari to lead fight against petty offences
Lagos lawyer and civil rights advocate, Mr. Emeka Nwadioke has urged President Muhammadu Buhari to lead the campaign to decriminalize and declassify petty offences at the forthcoming Economic Community of...
Human Rights: African Commission Adopts Principles for Decriminalization of Petty Offenses in Africa
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 tasked the...
Vagrancy-related provisions in various criminal laws and criminal procedure laws in Africa
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...
How One Man Defeated the Legacy of an Empire
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...
The National Council on the Administration of Justice Committee on Criminal Justice Reforms Planning Meeting
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,...
RWANDA:“All Thieves Must Be Killed” Extrajudicial Executions in Western Rwanda
The mayor said, “All thieves must be killed.” He said it was an order. −Witness to the execution of Fulgence Rukundo on December 6, 2016 Rwandan security forces summarily executed...
Mr. Wilfred Nderitu Elected as the VC of the NCAJ Committee on Criminal Justice Reforms at the Committee’s Inaugural Meeting
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...
Conference addresses Discriminatory Petty Offences in Africa
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,...
Kenyans are still oppressed by archaic colonial laws
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...
Govt on the spot as women languish in jail over petty offenses
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...
Offences that keep Nairobi County Court busy
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...
Kenya Chief Justice – Committee on Criminal Justice Reform (NCCJR)
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...
ACHPR/Res. 366 (EXT.OS/XX1) 2017
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...
Poverty is not a crime: Decriminalise and declassify petty offences
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...
Decriminalisation of petty offences
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,...
Kenya National Assembly Official Record (Hansard) Sep 30 – Dec 11, 1986
Hansard Record on Google Books
Experts call for decriminalisation and reclassification of petty offences
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...
Addressing Petty Offences in Kenya: Which Way Forward?
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...
Chief Justice David Maraga Reveals the Day Police Arrested Him in Nakuru Town
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...
Remove criminal sanctions for petty offenders – ICJ
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,...
National Conference on Decriminalization and Re-Classification of Petty Offences in Africa 30.03.2017
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...
“Rogues” and “Vagabonds” No More: Ending Africa’s Imperial Legacy of Absurd Petty Offenses
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...