In Kenya’s evolving justice landscape, the concept of diversion is tailored to address the unique needs and circumstances of different offender categories.
This article explores the four distinct categories established within the diversion policy, highlighting the considerations that guide Public Prosecutors when assessing eligibility for diversion.
Four Categories of Offenders for Diversion
Adult Offenders – Petty Offenses
- Criteria: Alleged commission of petty offenses by adult offenders.
- Rationale: Recognizing the relative minor nature of certain offenses, diversion offers an alternative to traditional prosecution for adult offenders, promoting a more efficient and rehabilitative approach.
Child Offenders – All Nature of Offenses
- Criteria: All child offenders, regardless of the nature of the offense.
- Rationale: Acknowledging the unique vulnerabilities and rehabilitative needs of children, diversion is extended to all child offenders, fostering a child-centric approach to justice.
Vulnerable Persons – All Nature of Offenses
- Criteria: All individuals deemed vulnerable, irrespective of the nature of the offense.
- Rationale: Recognizing the need for specialized consideration, this category includes individuals identified as vulnerable, emphasizing a compassionate and tailored approach to justice.
Felony Offenses with Exceptional Circumstances
- Criteria: Cases involving felony offenses where exceptional circumstances exist.
- Rationale: Providing flexibility in the application of diversion, this category allows for the consideration of exceptional circumstances in felony cases, balancing the gravity of the offense with unique contextual factors.
Merit-Based Decision Making
Individualized Consideration
Each case is to be decided on its merits, emphasizing the importance of individualized consideration in the diversion decision-making process.
Tailored Approach to Justice
The establishment of specific categories ensures that diversion is not a one-size-fits-all approach. Instead, it is tailored to address the specific needs and circumstances of each offender category.
Conclusion
Kenya’s diversion policy reflects a commitment to a justice system that is nuanced, responsive, and considerate of the diverse profiles of offenders.
By categorizing adult offenders, child offenders, vulnerable persons, and cases involving felony offenses with exceptional circumstances, the policy ensures that diversion is applied in a manner that aligns with the principles of fairness, efficiency, and rehabilitation.
As Kenya continues to refine its approach to diversion, these categories serve as a foundation for a more inclusive and effective criminal justice system.
