Women prisoners in Shimon la Tewa maximum Prison to undergo legal advice.
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Ambassador Dr. Christian Kellner with Prison officials at Shimo la Tewa Women Prison
By: Caroline katana
Austrian Embassy in partnership with non governmental organization Kituo cha Sheria and the Kenya Prison Service has commissioned a paralegal Justice Centre at Shimo la Tewa women maximum prison, Mombasa county.
The paralegal justice Centre is among the projects in Kenya funded by Australia Embassy
A study shows that some inmates serve in prison sentences due to poor representation in courts.
Ambassador Dr. Christian Kellner and deputy commissioner Prison service Florence Momanyi.
Addressing journalists after the opening ceremony, Australian ambassador to Kenya Dr. Christian Filner said the Centre will provide privacy for the paralegals and their clients.
"In order to ensure effective services and confidentiality for inmates, physical
infrastructure was acquired since they experience psychological stress and depressio,"Said Dr.Fellner.
Dr.Fellner confirmed that freedom of expression received in the centre will avail justice to the women prisoners.
"Prison is not there to punish those who should not be punished ,they are not enemies of the society instead should be treated fairly because they might not have committed crimes but because they fail to defend themselves clearly they found themselves in prison,"Noted ambassador Fellner.
Ambassador Fellner affirmed Europen union to have set aside more than euro 35 million equivalent to around shillings 5 billion to support Kenyan legal system unlike the Australian embassy using the little money they have to supports some projects particularly in gender area .
Dr.Fellner noted that poor representation in court to be a global challenge.
" Poor people in world suffer in prison because of poorly represented in court , rich people commit crime but they have smart people to represent them legally in court , getting help from others is not easy and many people fall into trouble because they don't look for help so it is good especially for women to try to find help to people who can legally assist them,"Urged Dr.Fellner.
Dr.Fellner admitted Kenyan government to have achieved development also in legal system.
" If I look at Kenya and Africa it's very positive,it's going in the right direction and it's faster than in Europe , things that we needed for 200 years kenya achieved only in 60 years after independence ,there is a space for development in Kenya and also in my country Australia so in that context we can work together and learn from each other,"Said the ambassador.
Deputy commissioner general kenya prison services Florence Omundi Momanyi 106 women prisoners and 6 children in Shimo la Tewa maximum women Prison up to date though the number fluctuates .
"The Paralegal Justice Centre has children’s
Facility within it for children accompanying their mothers in Prison such that when their mothers are getting access to justice by being trained as paralegals or by a paralegal officer or inmate their children stay playing at the back of the centre ", Said Ms Momanyi.
Commissioner Momanyi stated access to legal aid or a lawyer to be a major challenge facing women prisoners .
"Generally women are marginalised and poor some of them can not afford to get even a relative to assist them or afford legal fees ,women prisoners in Shimo la tewa maximum Prison come also from coast region and you can imagine how these women are marginalised not many women are economically empowered so this facility brings justice closer to them and addresses marginalisation and vulnerability facing women from this region,"Noted Ms.Momanyi.
Ms.Momanyi reiterated the importance of the legal advice to women prisoners serving life sentence .
" It's very important for women serving life sentences because it will help them navigate the court system , they will understand what has happened in other countries because they also research and see even the best practices in other countries and as this happens they look forward for a time when they will go home so that hope is very important because it helps them hang on even when there is no way out ," Said Ms Momanyi.
The deputy prison commissioner warned women to avoid engaging in situations that will make them serve sentences in prison.
"Women have a divine calling so please before doing anything think about the children you are taking care off , don't serve sentences with children in prison,"Warns Ms .Momanyi.
Executive director of Kituo cha Sheria organisation Annette Mbogo confirmed the programme to be successful since 90 inmates trained as paralegals between 2019 to 2022, 83 were discharged.
"This program has run from 2007 it started shimo la tewa men prison and in 2011 we felt that we need to extend to women prison and alot of women have been trained over the years and many leave prison after the training because they have skills and knowledge to defend themselves in court ,"Said Ms Mbogo.
Ms. Mbogo said the paralegal justice centre program also aims at reducing congestion in Prisons.
" The correctional department is excited about improving of this centre for the prison so that we are able to jointly promote access to justice and in doing so we are reducing the population for prisons we all know that the population is very high it's infact double of what the facilities can maintain,so if inmates are released it helps Kenya Prison service and it helps people access justice and the society is made equitable ,"Noted Ms Mbogo.
Principal Magistrate Shanzu Law Court Yusuf Shikanda
On his side principal magistrate Shanzu law court Yusuf Abdallah Shikanda said the program will bring speedy resolution of cases in court.
" Most of the time cases in court move with low speed because those appearing to court doesn't understand the court proceedings but once they are empowered , they will free to defend themselves and ensure court have the right record to avail justice,"Said Mr.Shikanda.
The magistrate noted illiteracy to be among other major challenges facing his clients.
"Many cases fail to proceed because of language barriers, most of cases in court are recorded in English which is a big challenge to those who does not have interpreters or lawyer something that deny justice to many "
Mr. Shikanda said this project is among many systems that need to be implemented in other courts in Kenya .
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