Chief Justice Martha Koome’s directive is part of her Social Transformation through Access to Justice (STAJ) blueprint. By opening the courts on Saturdays, the Judiciary aims to ensure that no Kenyan is held in a police cell longer than the constitutional 24-hour limit, especially for minor infractions that typically clog the system.
1. Eliminating the “Friday Trap”
For years, civil society groups like ICJ Kenya and Amnesty International have highlighted a pattern where police carry out mass arrests for petty offences—such as loitering, “drunk and disorderly” conduct, or hawking—on Friday evenings.
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The Strategy: Knowing that courts are closed on weekends, some rogue officers use the threat of a three-day stay in a congested cell to extort “release fees” from suspects.
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The Solution: Saturday sittings at Kibera will now allow suspects arrested on Friday to be arraigned, granted bail, or released immediately, cutting off the window for extortion.
2. Why Kibera?
The Kibera Law Courts serve one of the most densely populated and low-income areas in Nairobi.
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The Target Demographic: Statistics show that 70% of those in Kenyan prisons are petty offenders aged 18–35, many of whom are too poor to pay small fines.
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Model Station: Kibera has been designated as a pilot station for this initiative. If successful in reducing cell congestion and bribe-taking, Saturday operations will be rolled out to other urban stations like Makadara, Milimani, and Mombasa.
3. Focus on Diversion and Small Claims
The Chief Justice also emphasized that these Saturday sessions will prioritize Small Claims and diversionary programs:
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Petty Offence Diversion: Encouraging non-custodial sentences for minor crimes.
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Child Justice: Ensuring that children in conflict with the law are not held overnight with adults.
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Small Claims: Allowing residents to settle minor civil disputes (under Ksh 1 million) quickly, even on weekends.
