Chief Justice David Maraga. He has said the current legal system only punishes the poor. [Photo/Citzentv]
Chief Justice David Maraga has admitted that Kenya’s justice system is skewed against the poor.
Speaking on Monday in Nairobi, Maraga said there is a worrying gap between poor petty offenders who are jailed compared to the rich.
He further took issue with serving of justice to many offenders, saying hardcore criminals and other capital offenders mostly got away with their crimes.
There is a disturbingly low rate of successful prosecution on serious offenses with for example over 5 percent of sexual offenses attracting guilt verdict. offenses such as organized crimes and capital offenses have the highest acquittals and withdrawals,” he said.
He added: “This obviously means that along the way, freedom is procured at the expense of justice. This is something that controverts the very essence of our existence as the custodians of justice,” he said.
Attorney General Prof Githu Muigai also weighed in on the matter, adding that Kenyan prisons were filled with petty offenders.
“Our prisons are populated by people who should not be in prison in the first place; petty offenders, persons who should be receiving social work of some sorts,” he said.
Maraga further noted that the current legal framework is not youth-sensitive, leading to many of them finding themselves in conflict with the law as they try to earn a living.