Broke Kenyans pushed to serious crimes

Detectives at the scene where businessman Jayesh Kumar's remains were found in Lukenya Conservancy forest on February 20, 2024. [File. Standard]

The number of Kenyans and police officers committing crimes has risen significantly, with theft, robbery, drug-related offences, burglary, and economic crimes being the most prevalent in the country.

A report released by the National Council of Administrative Justice (NCAJ) paints a grim picture of crime thriving even within law enforcement agencies, with police officers leading in committing crimes.

According to the report, crime surged in the 2023/24 financial year, with the police processing at least 104,769 serious crimes nationwide, up from 97,301 in the previous financial year.

“Serious criminal activities declined between 2019/20 and 2020/21 fiscal years but subsequently increased steadily to 104,769 in the 2023/24 financial year,” states the survey.

NCAJ suggests that the surge in crime could be linked to high levels of unemployment in the country, indicating that harsh economic conditions and the pressure to feed families are driving Kenyans to commit serious crimes.

On the other hand, the NCAJ flagged crimes involving police officers, which have risen gradually over the past three years, almost doubling this year compared to the previous year.

In the year under review, crimes committed against other persons were the most prevalent, accounting for 24.4 per cent of those reported. Theft came second, at 17.5 per cent.

Offences committed against other persons include domestic violence, manslaughter, stalking, false imprisonment and torture.

According to the report, if a Kenyan is not committing a crime against another person or engaging in theft, they are often involved in drug-related offences, prostitution, rape, defilement, bestiality, bigamy, pornography, or other moral offences.

Offences relating to dangerous drugs accounted for 8.9 per cent of the total reported crimes, while 7.4 per cent were offences against morality.

The data indicates that offences against morality have started to surge, despite a decline in the past three years.

The number of cases stood at 8,076 in the 2019/2020 financial year, rose to 9,361 the following year, then decreased to 7,663 and 7,259 in subsequent years. However, in the 2023/24 financial year, the number again rose to 7,776.

Robbery incidents have also increased, with at least 400 more cases reported. In the last financial year, 3,530 cases were reported, while this year the number stands at 3,913.

Theft, however, has increased gradually over the last four financial years. In 2019, there were 11,425 cases, but during the Covid-19 pandemic, the number dropped to 9,751. The numbers spiked again to 13,142 cases in 2021 and over 17,386 in the previous financial year. In the current financial year, the number has risen to 18,292.

Economic crimes

At least 100 more cases of dangerous drug offences were reported this year. In the last financial year, 8,077 incidents were reported, while the number grew to 9,107 this year.

Economic crimes also increased, from 4,619 in the last financial year to 4,901, while corruption cases rose from 96 to 115.

Offences involving police officers increased from 131 to 203.

However, the Independent Police Oversight Authority indicated that fewer police officers were monitored this year than last year. The number of monitored officers dropped from 122 to 77, and similarly, the number of investigations fell from 995 in the previous year to 895.

The Office of the Director of Public Prosecutions handled at least 298,610 cases, resulting in a 72.7 per cent conviction rate, 5.4 per cent acquittals, 1.4 per cent diversions, 20.1 per cent discharges, and 0.4 per cent plea bargains.

The number of criminal court cases also increased to 292,596, including traffic offences, up from 253,878. Judges and magistrates cleared at least 263,890 cases.

Meanwhile, the number of pending criminal cases increased by six per cent, from 285,666 to 302,418 at the end of the review period. The growth was broadly attributed to the accumulation of unresolved cases over time.

Before and after trials, individuals are either remanded or granted bail and eventually acquitted or convicted. The number of those remanded in prisons has increased over time, standing at 26,579, up from 26,358.

However, the number of convicts decreased from 35,557 to 35,336, with the prison population remaining largely the same.

“This trend is attributable to the increased use of offender diversion programmes and non-custodial sanctions like community service orders and probation for petty offenders,” said the Council, which is headed by Chief Justice Martha Koome.

Curiously, data indicates that prisons hold at least 14,424 men and 1,916 women who are incarcerated for less than one month.

Those jailed for more than two years numbered 1,258 men and 500 women, while those under life imprisonment totalled 377 men and 29 women. There are 136 men and four women on death row.

There are also Kenyans who are languishing in prison for failing to pay debts, with 585 men and 154 women committed for civil debts.

Data also indicates that at least 20 per cent of men committed to prison are repeat offenders. There are more men than women with multiple convictions, with 14,059 men compared to 2,016 women.

Remandees increased sharply from 103,159 in 2022 to 167,990 in 2023. There was also a notable 49 per cent rise in individuals sentenced to death, growing from 94 in 2022 to 140 in 2023.

“The male prison population with prior convictions vastly outnumbers the female population, with 14,059 men compared to 2,016 women,” the report states.

Nakuru County had the highest number of community service orders, accounting for 421 cases, followed by Nairobi County with 407, while Migori County had the least, with 31 cases.

Nairobi County had the highest number of probation orders, 379, followed by Bungoma County with 336, while Laikipia had the least, with 15.

NCAJ also flagged crimes committed against children. The majority of the cases, 46.4 per cent, involved sexual abuse and child trafficking, which saw a significant increase of 203 per cent.

Kidnapping, parental abduction, cruelty to children, early marriage, and child stealing cases tied at 2.9 per cent.