He cuts a scholarly figure, guiding fellow inmates through the basics of trial advocacy. He understands the edict, having successfully completed his law degree behind bars.
Stanlous Musembi, 53, a paralegal serving a life sentence in Naivasha Maximum Security Prison, was recruited by the Justice Defenders to guide fellow inmates through the week-long training.
The mock ‘live’ court session during the training is intense, with the ‘prosecutor’ asking tough questions of a ‘stuttering’ witness.
“I love the law and hope to join the Kenya School of Law when I am released from prison. I was a bright student who made it to A-levels and decided to study engineering at university level,” he said.
n his O-level exams, he scored nine points, indicating his academic prowess, which saw him graduate with a diploma in mechanical engineering.
He was convicted of robbery with violence 11 years ago and sentenced to life imprisonment.
“I was imprisoned in 2012 and after serving two years, Justice Defenders came into the picture and asked those with valid academic papers to present them,” he said.
Impressed, he became the first prisoner to be given the opportunity to study common law.
“There were actually five of us. I had seven cases pending in court and the decision to study law was a blessing in disguise,” the inmate said.
Adding: “I did two years of common law and got a diploma before enrolling in an online law degree for three years and got a second class honours degree from the University of London.”
He said the programme involved local lecturers who took the time to guide them through the course while they were behind bars.
“Some of our lecturers came all the way from Uganda, some from Nairobi for the physical classes,” Musembi said.
The legal mind behind bars has written submissions for hundreds of inmates and won cases in court. His services are entirely pro bono.
“I recently wrote a submission for an 18-year-old inmate who had been sent to prison for 30 years. He secured his release,” he revealed.
He cited the case as a success story in his legal journey, with some of those in court eager to listen to his “Queen’s English” as he argued his own case in the corridors of justice.
Speaking on the sidelines of the training, Justice Defenders County Director Miriam Wachira said at least 90 per cent of the inmates do not have lawyers to represent them in court.
“It is only prudent that we equip them with the legal knowledge to assist the prisoners in litigating their cases in court,” she said.
She revealed that the training was being conducted by the US-based National Institute of Trial Advocacy, adding that they had at least 189 trained paralegals.
“Some of the former inmates who went through similar training have been released and are now working with us after successfully completing their law studies,” Ms Wachira said.
She revealed that they had entered into a partnership with Strathmore University, with the institution offering an online paralegal course for inmates at the various correctional facilities.
“We have opened offices in the prisons for our paralegals to assist fellow inmates with pending court cases, with 20 000 of them seeking legal services last year,” she said.
Senior Assistant Commissioner General of Prisons (SACGP) Dixon Mwakazi, who officially launched the programme, welcomed the training, saying it had helped decongest prisons across the country.
“We will train 61 paralegals, including 24 inmates. So far, at least 6,000 inmates have been released after successfully arguing their cases in court following the training,” he said.
He urged those who had gone through the training to help their fellow inmates argue their cases in court, saying petty criminals had benefited greatly from the programme.
“The programme is a way of decongesting prisons across the country and we hope that with more training, the number of those who secure their release will increase,” said Mr Mwakazi.
Retired US judge Anne Claire Williams (Jones Day) said it was important to teach prisoners trial advocacy skills and provide them with basic legal knowledge.
