Arrested persons: Minor offenders no longer should be remanded as the new constitution
outlaws that. The chapter dealing with the Right of Arrested persons and Remand — Article 49(2) — says that a person shall not be remanded in custody for an offence punishable by a fine only or whose punishment is not more than six months.
This, according to Mr Okong’o O’Mogeni, means that all those people held in custody when the new constitution is promulgated and their possible maximum punishment is six months or less should be released immediately.
That article 49 states that a person shall not be remanded in custody for an offence if the offence is punishable by a fine only or by imprisonment for not more than six months.
“Anybody in prison being held for failure to raise cash bail, they are supposed to be released by free bond,” Mr O’Mogeni says. This means that most traffic offenders as well as those that break city by-laws should be bonded immediately as opposed to the current practice where they are remanded pending court appearance.
Justice minister Mutula Kilonzo says the fact that Kenyans will now not have to sleep in cells
for bailable offences is a plus for this nation, adding this will go a long way to decongest police cells.
-- Saturday Nation
Kenya New Constitution - No more lengthy stay in police cells for minor offences
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