Police abet mob violence as the poor fill prisons, report reveals

Parliament passing unconstitutional laws and police officers encouraging mob justice, while the poor languish in remand for lack of bail, reflects the current face of justice in Kenya.

In a rare admission, Interior Cabinet Secretary Kipchumba Murkomen acknowledged that police officers often incite Kenyans to take the law into their own hands, particularly when suspects are released by the courts.

“Some of the mob justice is encouraged by the police. In fact, in most cases where suspects are arrested, taken to court, and released, it is the police who prod the people to ‘do something’. They then start investigations, and when questioned, they claim the matter is still under investigation,” said Murkomen.

Meanwhile, Attorney General Dorcas Oduor revealed that 50 laws passed by Parliament had been declared unconstitutional, while 60 others were obsolete.

She added that most people held in remand are there due to poverty.

In an ironic twist, corruption cases accounted for only 0.1 per cent of the 96,679 serious criminal cases reported to the police in the 2024–2025 financial year.

Conversely, many Kenyans are imprisoned for morality offences or crimes against other persons, including grievous harm, assault, bullying, theft, and drug-related offences.

The three categories alone recorded more than 6,000 cases, with offences against persons being the most prevalent—totalling 24,733 cases.

A National Council on the Administration of Justice (NCAJ) report launched yesterday by Chief Justice Martha Koome indicated that corruption cases had dropped from 115 to 98.

Murkomen also painted a picture of public officers working in silos to facilitate bribery. He cited cases where chiefs refuse to cooperate with officers commanding police stations (OCSs), and vice versa.

“Chiefs are supposed to work with the police, but they refuse. People operate in silos to collect bribes. If an OCS tells an illicit brewer, ‘Don’t worry, that chief has no powers; I will release you,’ it undermines justice. The DPP then leaves DCI officers struggling on their own because they are compromised—and sometimes even the magistrates,” said the CS.

Speaking at the event, the Attorney General said Kenya’s prisons are overcrowded with inmates unable to afford bail. She also decried the detention of children in correctional facilities.

According to her, this could be addressed if the Legal Aid Office received adequate funding, as some cases should not reach court at all.

The report indicated that there were 177,482 cases involving child offenders, with Nairobi leading at 24,121.

As of the 2024–2025 financial year, Kenya had 59,013 adult prisoners—36,575 convicted and 22,436 on remand—a drop from 26,579 the previous year.

The prison population remains predominantly male (92 per cent), with women accounting for just eight per cent.

Of particular concern is the rising number of people jailed for failing to pay debts. The report shows that 873 men and 333 women were imprisoned for debt this year, up from 585 men and 154 women the previous year.

Chief Justice Koome cited underfunding as a major challenge in the justice sector, emphasising the need for better infrastructure to ensure access to justice.

Her concerns were echoed by Law Society of Kenya president Faith Odhiambo, who urged that justice be made accessible to the poor.

She cited Kericho Court, which floods whenever it rains, as an example of the deplorable state of judicial infrastructure.

“Even basic facilities are lacking. There are no accessible toilets for people with disabilities or children. Virtual courts require literacy and access to technology. The cost of filing cases is prohibitive. For bond, you’re asked for a letter from the chief—who then demands Sh200, which could have been used to buy food,” she said.

Inspector General of Police Douglas Kanja pledged that officers would uphold the law in serving Kenyans.

“Trust between the police and the public is fundamental to justice. As the first point of contact in the justice chain, the National Police Service reaffirms its duty to uphold the rule of law, ensure accountability, and protect the vulnerable through community-centred policing,” he said.

The NCAJ report showed that offences involving police officers had risen from 203 to 242. At the same time, complaints lodged against officers at the Independent Policing Oversight Authority (IPOA) had slightly dropped from 1,092 to 1,010.