Kenya’s criminal justice system must move beyond arresting, prosecuting and imprisoning offenders and give greater attention to victims, rehabilitation and the return of former offenders to society, Advocate of the High Court and President of MTI East Africa James Mang’erere has said.
Mang’erere said the current system often treats crime mainly as an offence against the state, leaving victims with a limited role in proceedings and little support in dealing with the emotional and psychological effects of the crime.
Speaking during a Radio Generation interview on Wednesday, he called for greater use of restorative justice, saying it could help victims recover, encourage offenders to take responsibility for their actions and strengthen communities.
He identified three broad approaches to justice: retributive, distributive and restorative justice.
According to Mang’erere, retributive justice is centred on prosecuting and punishing offenders, with imprisonment being one of the main outcomes. Distributive justice focuses more on rehabilitating offenders and helping them change their behaviour.
Restorative justice, he said, takes a wider approach by looking at the harm caused by crime and involving victims, offenders and communities in finding ways to deal with its effects.
“Restorative justice does not only focus on punishment; it focuses on healing and empowerment of the victim,” Mang’erere said.
He questioned a system in which the State takes centre stage once a person is arrested and charged, while the person who suffered the harm can become almost invisible during the process.
“When people are arrested, and they are arraigned in court, there you can see it is Republic versus so and so. They don't talk about the victim completely.”
Mang’erere said this can leave victims struggling with the effects of crime long after a case has been concluded in court.
He pointed out that victims of serious offences may also face further emotional distress when they are required to appear in court, give evidence and undergo cross-examination without enough support to help them deal with the experience.
His remarks come as Kenya’s courts continue to handle a heavy workload. Judiciary statistics show that 621,525 cases were filed during the 2024/25 financial year, while 647,666 cases were resolved, giving the courts a case clearance rate of 104 per cent.
Despite the improved rate of resolving cases, 598,628 cases remained pending as of June 30, 2025.
The pressure within the criminal justice system is also reflected in the country’s prisons.
A 2024 Kenya National Commission on Human Rights audit found that Kenya had 61,348 prisoners against an estimated holding capacity of about 28,000. The prison population was therefore more than twice the available capacity, raising concerns about rehabilitation, health and living conditions.
Mang’erere said restorative justice could form part of the response to such challenges by ensuring imprisonment is not automatically treated as the only effective answer to every offence.
Kenya already has structures that support alternatives to imprisonment. The Probation and Aftercare Service supervises offenders in the community while supporting rehabilitation, reconciliation with victims and public safety.
By June 2024, the service had 54,538 offenders under community supervision. During the April-June 2024 quarter, another 4,780 offenders were placed under non-custodial supervision.
The service also prepared 499 victim impact statements, 45 alternative justice reports and 15 diversion reports during the period.
Mang’erere said the victim should have a more visible role in the justice process, while offenders should be helped to understand the damage caused by their actions and take responsibility.
He also cautioned that sending offenders to prison and completing their sentences does not necessarily bring an end to the problem.
Former prisoners can return to their communities facing stigma, which can make it difficult for them to find employment, rebuild family relationships and settle back into society.
“After they have served their sentence, they come back to the community, and still they are walking around with the stigma,” he said.
Mang’erere said restorative justice should strike a balance between holding offenders accountable, helping victims recover, rehabilitating offenders and supporting their return to the community.
He acknowledged that prosecution and imprisonment would still be necessary for serious offences, but said the justice system should also consider other responses where appropriate.
The advocate noted that prisons already offer rehabilitation programmes, including education, counselling and psychotherapy.
However, he questioned whether the existing interventions were doing enough to prepare offenders for life after prison and prevent the challenges associated with their return to society.
He called for continued reforms that put victims and communities at the heart of the justice process while ensuring offenders remain accountable for the harm caused by their actions.