i.
ii.
A person who is detained, held in custody, or imprisoned under the law,
retains all the rights and fundamental freedoms in the Bill of Rights, except
to the extent that any right or a fundamental freedom is incompatible with
the fact that the person is detained, held in custody, or imprisoned.
A person who is detained or held in custody is entitled to petition for an
order of habeas corpus.
Ms. Wachira further explained about Justice Defenders in Kenya which is a global
group of people committed to defend justice for defenseless communities across
Africa through legal education, capacity building and practice. Their core values are
based on bravery, humility, and solidarity. She further stated that almost 90% of
prisoners have no access to justice or cannot afford lawyers so they do not have
lawyers to help them to understand their cases or situation in the prison. In
addressing this matter, Justice Defenders cover these prisoners by providing training
to the prisoners and prison officers as paralegals. Paralegals are trained by Justice
Defenders to assist prisoners facing legal issues, understanding their cases in laymen
language, and to provide counsel for them. Besides that, prisoners and prison officers
are also offered the opportunity to study law in the University of London.63 This
ensures that the quality of services offered by paralegals in local offices are
maintained and up to date. Beyond this, there are advocates who oversee the
services offered by paralegals in local prisons.
Furthermore, Justice Defenders works closely with stakeholders in the criminal justice
system including the Kenya Prison Service in promoting international standards in the
management of prisons as follows:
i. Access to justice through provision of free and quality legal aid to prisoners.
ii. Education through sponsoring prisoners and prison officers to study law and
to be trained as paralegals.
iii. Spearheading reintegration programs to facilitate easier transition back into
society.
iv. Advocating for criminal justice reforms with stakeholders in the criminal
justice system.64
Finally, Ms. Wachira informed that Justice Defenders had sponsored 123 law
graduates from 26 prisons in Kenya, Uganda, and Gambia. In addition, a total of 1,000
from 154,000 prisoners had been released.
3.4. Q & A Session
During the Q & A session moderated by YBhg. Dato’ Narander Singh, Commissioner
of Prison, Malaysia, the following questions were raised for discussion:
I.
Mr. Cancio Xavier, Timor Leste raised two questions about the traditional
justice system in Africa and the role of Justice Defenders in legal mediation.
63
Justice Defenders have recorded 43 law graduates from the University of London.
Justice Defenders are looking at the rules and law relating to prison management to make sure that they are
in line with international standards
64
32