An Examination Of Programmes Offered To Juvenile Offenders: A Case Of Selected Programmes At Kabete Rehabilitation School, Nairobi by Precious

There are several rehabilitation programmes put in place to curb juvenile delinquency in Kenya. However, incidences of juvenile delinquency and reoffending are still on the rise. This study sought to examine the effectiveness of the existing programmes. The objectives of the study were to establish the education programmes offered to juveniles at Kabete Rehabilitation School, the vocational trade programmes offered to juveniles and their effectiveness in fighting Juvenile delinquencies. The research adopted a case study design. The population included juveniles and juvenile professionals in Kenya while the target population was drawn from Kabete Rehabilitation School. The study used purposive sampling to select the site, stratified random sampling to select the key informants and census as the population was small. The sample size of the population was 8 members of staff and 58 juveniles. Data was collected through questionnaires, focus group discussions and observation. The study established that there existed various education and vocational trade programmes at the school. However, the Individualised Treatment Plan (ITP) paid no attention to personal preferences of the pupils. The education programmes comprised of Kiswahili, Mathematics, English, CRE, Social studies, Science and Life Skills. However, the library did not stock enough and relevant books and hence pupils had to share. On the other hand, the vocational trade programmes included: Masonry, Carpentry, Bakery, Tailoring, Wiring and Mechanics that also lacked sufficient current materials. The study found that there was more focus on class 7 and 8 pupils leaving the others unattended to, with less access to text books and well lit classes, hence filling the gap by turning to unwanted behaviours. Based on the findings of the study, the researcher recommended that education and vocational trade programmes be reviewed. xii Daystar University Repository Library Archives Copy CHAPTER ONE INTRODUCTION AND BACKGROUND Introduction This chapter presents the introduction and background to the study. It also presents the statement of the problem, purpose of the study, objectives of the study, research questions, and justification of the study. Furthermore the significance of the study, assumptions of the study and scope of the study are outlined. Lastly the chapter looks at limitations and delimitations of the study and definition of terms. The term children in conflict with the law denotes a person under the age of eighteen who gets into contact with the justice system as a result of being suspected or accused of committing an offence (United Nations, 2006). The term is used interchangeably with the terms child offender and juvenile offender. According to the Officer of the Federal Register (2013), the term child offender means a child who has been judged to have committed an offense. Additionally, a juvenile offender is a person who commits a delinquent act before his or her 18 th birthday (US Legal, 2016). In Kenya, the juvenile justice system administrates over cases of children in conflict with the law. According to Japan International Cooperation Agency (JICA) (2011), the mainstream juvenile justice system in Kenya comprises of the children, probation, prison, the National Police and the Judiciary services. The office of the Director of Public Prosecutions is also another key player in the system. Each of these agenciesislegally mandated to play a specific role in the administration of juvenile justice. The Department of Children Services which deals with juveniles is briefly discussed below. 1 Daystar University Repository Library Archives Copy The Department of Children Services aims at developing and promoting stable childhood and responsible adults (Kwallah, 2001). This department mainly provides five types of services. They include: the cash transfer for orphans and vulnerable children (CT-OVC), presidential bursary, field services, alternative family care, institutions and information management system (CPIMS) as well as child protection(Ministry of East African Community (EAC), Labour and Social Protection, 2016). Of the services offered, institutional services, particularly rehabilitation schools were the main focus of this study. According to Kwallah (2001), institutional services involve the overseeing of remand homes and rehabilitation schools. Remand homes provide custody for juveniles whose cases are pending in court whilst rehabilitation schools provide custody for juveniles committed by the court. These rehabilitation schools provide children with various rehabilitation programmes including: education, guidance and counselling, academic and vocational trade programmes. Of importance to this study were the academic and vocational trade programmes. Background to the Study The history of juvenile justice according to Finley (2007) dates back to the 1960’s in the United States. During this time, children used to receive stiff punishment when they committed crime. There were also few lenient options available for children in conflict with the law. This meant that young offenders were tried as adult offenders. Finley (2007) adds that it was around this time that the rehabilitative era began in the United States of America. He argues that reformers during this period emphasized that juveniles differed from adults but they also advocated that young 2 Daystar University Repository Library Archives Copy people should receive the same procedural and civil liberties guarantees accorded to adults through the criminal justice system. The juvenile justice system experienced a turning point in 1967. This was the President’s Commission Report, “which recommended four reforms: diversion from the formal system, decriminalization of status offense, deinstitutionalization and due process rights”, (Finley, 2007). Juvenile courts established during this time provided that juveniles should be offered rehabilitation programmes once detained. Programmes offered included education, counselling and special education. Thielbar (2011) notes that the programmes gave preference to the needs of the child and society, and not the crime committed.She further notes that the education offered within juvenile detentioncentres are compulsory but face various problems like lack of classrooms, libraries, books and poorly trained teachers (Thielbar, 2011). These teachers also lack training on how to deal with special needs of children in detention. Siegel and Welsh (2016) note that in the United States, about 1.7 million youths under the age of 18 are arrested each year for crimes ranging from loitering to murder. This poses a major threat to the society in general as some of these children are very dangerous. They also note that treatment of these offenders mainly focuses on their reformation rather than punishing them for their offense. In Europe, the system is different. For example, in England and Wales, the Youth Justice Board (YJB) is responsible for juvenile justice administration. The board carters for the custody of children and young people within Secure Children’s Homes (SCHs), Secure Training Centres (STCs) and Young Offender Institutions (YOIs). The September 2016 Monthly Youth Custody Report indicated that the population of children in these institutions in England and Wales was 877, 3 Daystar University Repository Library Archives Copy representing an increase of 4 from the previous month and a decrease of 104 from the previous year (Youth Justice Board, 2016). There are 8 YOIs for male juvenile offenders and 3 YOIs for female juvenile offenders in England and Wales (Department of Justice, 2017). According to Ministry of Justice (2017) juveniles are usually referred to YOIs by police, youth offending team, a teacher, a social worker or parents. Youth workers assess the juveniles to make sure that they are put into the right programmes. In these YOIs, juveniles undergo counselling and education. According to Department of Justice (2017), education in YOIs is commissioned by local authorities from outside contractors like colleges. Juveniles in these institutions may also be involved in vocational training. Detained juveniles are also sometimes granted a temporal release whereby they can undertake activities in their community linked to education, training and employment, as well as to assist with reintegration. Asia has a justice system that is similar to America but one that has some distinct features. Bottoms, Goodman and Najdowski (2009), argue that in Asia, different cultural norms influence the juvenile justice administration. The law has several important components. The first one is that it highlights the role of parents and schools in the prevention of status and minor offenses. Secondly, it focuses on education as a major tool for crime prevention. Thirdly, the law emphasizes on rehabilitation. Finally, emphasis is also put on a total society approach to crime prevention. In China, the judiciary, police, lawyers and juvenile justice form the juvenile justice system. Winterdyk (2015) notes that, cases involving juveniles account for approximately 25.6 % of all cases in Japan. This shows how serious the problem of juvenile delinquency is in Japan. 4 Daystar University Repository Library Archives Copy Bottoms, Goodman and Najdowski (2009) also note that in Africa, particularly in some parts of South Africa, a restorative justice approach, emphasizing on diversion, family and community involvement is what is what is on the rise. Restorative justice is an approach that focuses on the needs of both the victim and offender of a crime. It is based on the belief that offense may be considered “an offense against the victim and an offense against the community” (Kerr, 2005). In this venture, the victim and the community have the right to restoration. The Office of Juvenile Justice and Delinquency Prevention (OJJDP) (2001) notes that “not only does restorative justice h