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Inside Push to Strip Police Powers Over Petty Arrests

Judith MwauraBy Judith MwauraNovember 23, 2025No Comments3 Mins Read
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Chief Justice Martha Koome has taken a major step toward transforming Kenya’s criminal justice system by appointing a new 25-member Standing Committee on Criminal Justice Reforms.

The committee, created under the National Council on the Administration of Justice (NCAJ), will lead wide-ranging reforms aimed at modernising the country’s justice processes and reducing unnecessary arrests for minor offences.

In a gazette notice published on November 21, Koome announced that the committee will serve for three years.

During this period, they will be expected to propose strong policy, legal, and institutional reforms that will make Kenya’s justice system more efficient, fair, and aligned with the Constitution.

The newly formed committee brings together experts from key institutions—including the Judiciary, the Office of the Director of Public Prosecutions (ODPP), the National Police Service, the Directorate of Criminal Investigations (DCI), and the Ethics and Anti-Corruption Commission (EACC).

Justice Grace Ngenye will serve as the chairperson, guiding the team in reviewing and reshaping outdated laws.

One of the committee’s biggest responsibilities will be reviewing laws that criminalise petty offences. These include hawking without a licence, street vending, being drunk and disorderly, idling in public areas, littering, and other minor behaviours that often lead to arrest.

Offences such as spitting on walkways, failing to pay for a public toilet, prostitution, loitering with intent to engage in prostitution, and indecent exposure are also on the list.

Koome noted that the team will examine these laws closely and make recommendations on which should be decriminalised to prevent unnecessary arrests and reduce congestion in police stations and courts.

Quoting from the gazette notice, Koome stated, “Pursuant to the Constitution of Kenya and section 35 of the Judicial Service Act, Cap. 8A, I appoint the following members to the NCAJ Standing Committee on Criminal Justice Reforms for a three-year term.”

She emphasised that the goal is to ensure that Kenya’s justice system operates strictly within the principles of the Constitution, promoting dignity, fairness, and human rights.

The committee has also been tasked with identifying legal, financial, administrative, and institutional barriers that currently slow down the justice system.

They will help enhance cooperation among key agencies and strengthen collaboration across the entire justice chain.

Additionally, the committee will be responsible for drafting and reviewing laws that will make the administration of justice more effective and more accessible to ordinary Kenyans.

Beyond criminal justice reforms, Chief Justice Koome also announced new appointments to the Steering Committee on Mediation.

This is a separate 16-member committee that will promote the use of mediation and other alternative dispute resolution methods across Kenya. The committee, which will serve for five years, is chaired by Justice Aggrey Otsyula Muchelule.

Its membership includes representatives from the High Court, the Environment and Land Court, the Employment and Labour Relations Court, the Office of the Attorney-General, the Law Society of Kenya (LSK), the Federation of Women Lawyers (FIDA), and the Kenya Bankers Association, among others.

Their work will involve overseeing the integration of mediation within the court system, creating mediation registries in all court stations, and supporting the wider use of non-adversarial dispute settlement methods.

Koome highlighted that strengthening mediation will not only ease pressure on courts but also give Kenyans faster, cheaper, and more peaceful ways to resolve disputes.

These committees mark a significant shift in Kenya’s justice reforms, signalling a broader effort to make the justice system more humane, efficient, and fit for a modern society.

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Judith Mwaura
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Judith Mwaura is a dedicated journalist specializing in current affairs and breaking news. She is passionate about delivering accurate, timely, and well-researched stories on politics, business, and social issues. Her commitment to journalism ensures readers stay informed with engaging and impactful news.

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