Behind bars, trio file court briefs for fellow inmates and sometimes win

With a majority of prisoners unable to hire lawyers, their offices at the Naivasha Maximum Security Prison is a hive of activity as inmates seek their services.

Their working spaces look like well-established legal offices, signalling the group’s determination to make a difference.  

The trio of Alex Dimba, Joseph Lodiaka and Tobias Omukuti walk with a swagger, knowing they have put a smile on the faces of prisoners whose cases they have successfully litigated.

Still not allowed to represent “their clients in court” they specialise in writing submissions, with remarkable accomplishments, biding their time as they work to wear their black suits again and use the phrase “my lords”.

Inmate Dimba, who also doubles up as the principal of Naivasha Inmate Education, vividly remembers the case of Geoffrey Rono, who was serving a life sentence for defilement.

“I wrote his submissions and the sentence was quashed. He was able to enjoy his freedom courtesy of free legal advice from my office,” he said.

Buoyed by his success in that case, Dimba got Nahashon Mwangi Githinji off the hook. Githinji had been jailed for 15 years, again for defilement. He was discharged by a Naivasha court.

The list of successful litigation that he disclosed was endless, noting that almost 90 per cent of inmates serving different sentences were semi-literate.

Dimba, a paralegal assistant tutor, then delved into the matter that put him behind bars, blaming it on a “rush of blood” when his academic career was beginning to take shape.

The Egerton University graduate was enrolling for his master’s degree when he was accused of killing his lover.

Once jailed, loneliness took the better part of him and he decided to go back to class, mostly to kill boredom and keep abreast of the legal world as he sought to represent himself in court.

He would later graduate from the University of London with a law degree, second-class upper division.

“The second degree gave me the impetus that is needed to survive the rigorous prison life,” Dimba said.

His student Joseph Lodiaka, who studied tourism management at Maasai Mara University, is also a graduate of the London school.

Just like his mentor and tutor, he got a second-class upper division and is the director of studies at the penal institution. “I was handed a 20-year sentence for defilement and have already served eight years,” he divulged.

“After my conviction, I lost hope…to regain my self-esteem and dignity I decided to further my education.”

The inmate’s burning desire was to assist fellow prisoners unweave legal jargon that at times throws them into a spin as they try to discern what transpired in the corridors of justice.

The IT expert’s daily rota includes filing court documents on behalf of fellow prisoners and litigating for bemused colleagues.

For builder Tobias Omukuti, serving a life sentence, his desire to “right the wrongs” he claims were committed when his case was heard motivated him to pursue a law degree.

“I feel I was prejudiced during the hearing of my case. In my own personal opinion, I feel my lawyer did not give it all. Going forward, I want to represent myself in court,” said the inmate, who is also a volunteer teacher at the penal institution.

The three have teamed up to offer free legal services to their colleagues and have done a commendable job helping those with little knowledge about court matters.

The trio hope to get admitted to the Kenya School of Law (KSL) to actualise their dreams of joining the bar.

KSL is the only such school in Kenya. After completing an undergraduate degree in law from a recognised university, students attend the school to prepare for admission to the Kenyan bar.

“We hope the Prisons Service and Kenya Legal Education will collaborate and ensure that inmates graduating from the University of London will be able to join (KSL),’ Dimba said.

The three were full of praise for the African Prisons Project, now called Justice Defenders (Kenya), which sponsored them to pursue the law degree, saying their immediate task is to help inmates get justice in a more organised and friendly manner.

Hassan Tari, the officer in charge of the correctional facility, hailed the legal minds, saying that with litigation having gone online, they had made the work of the department easier.

“Some of our officers studied law just like the inmates and they have been putting their heads together to ensure justice for men and women behind bars,” he said.

He was optimistic that they will be allowed to join the law school and pursue their dreams, thus transforming correctional facilities as inmates will have one of their own representing them in court.