COMMUNITY-BASED TREATMENT OF JUVENILE OFFENDERS IN
KENYA: A CASE STUDY OF KIKUYU SUB-COUNTYIN KIAMBU COUNTY
Zacharia Kuria Mwangi＊

I. INTRODUCTION
A. Summary of Community-Based Treatment of Juvenile Offenders in Kenya
The probation office plays a major role in management of juvenile delinquents. The two categories ofoffenders handled include those put on probation by the Childrenʼs Court and persons released from ajuvenile institution on or before completion of their term.1 The Childrenʼs Act provides that a child is anyperson less than 18 years of age and safeguards the best interests of the child. Agencies involved in thejuvenile justice system include the Police, Medical services, Registration of Persons, Social Workers and NonGovernmental Organizations.2 This method of treatment, also known as the “closer-to-home principle”, hasbeen championed by experts as being cost effective whose results are tenable.3 It has been practised in thecountry since the onset of modern criminal justice system though on a lower scale compared to institutionalbased interventions, namely incarceration, that led to congestion in the available facilities.4

II. LEGAL FRAMEWORK SUPPORTING COMMUNITY-BASED TREATMENT
OF JUVENILE OFFENDERS
A. International Legal Instruments
Kenya has adopted the international legally binding tools, among them the United Nations Convention on
the Rights of the Child, the Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines), theRules for the Protection of Juveniles Deprived of their Liberty and the Standard Minimum Rules for theAdministration of Juvenile Justice (Beijing Rules). The government has facilitated the adoption of thesemechanisms in the local laws.
B. Local Laws
1. The Constitution
The Constitution of Kenya 2010 has enshrined a Bill of Rights in Chapter four that is rated as being among
the most comprehensive in the world. These principles are cognizant of the international legal instruments
safeguarding human rights including child rights.
2.

Local Acts
Subsequently parliament has enacted relevant laws to give effect to the principles enshrined in theconstitution. Other laws have been amended to address changing of the society including: the Criminal
Procedure Code, Penal Code, Borstal Institutions Act, Probation of Offenders Act, Community Service
Orders Act, Childrenʼs Act, Sexual Offences Act, National Police Service Act, Prohibition of Female Genital
Mutilation Act and Basic Education Act.

III. CURRENT SITUATIONThe rate of crimes involving juveniles indicates an increase in the number of reported cases in the recent
past, meaning that the number of offenders subjected to the justice system is increasing. Common crimes
include assault, stealing, theft, property damage, drug and substance abuse, violence, sexual offences andSuperintendent, Administration Police Service, National Police Service, Kenya.
Oral interview with Leah, Probation officer, Kikuyu Sub County on 04/11/2016.
2
Oral interview with Harriet, Childrenʼs officer, Kikuyu Sub County on 05/11/2016.
3Robert, Hoge, et al. (ed.) Treating the Juvenile Offender (New York: Guilford Press, 2008), p. 108.
4
Oral interview with Leah, Probation officer, Kikuyu Sub County on 04/11/2016.
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organized crime.5 The age of committing first crime is also decreasing.
A suspected juvenile is handled separately from adult offenders and has his/her rights upheld. MilimaniChildrenʼs Court is one of the institutions that handles childrenʼs matters.6 After release they return to thecommunity hardened, a situation that negates the aspirations of institutional-based correctional services
namely, reforming offenders with consideration of the best interests of the child, and most reoffend whileothers abscond.7 Juveniles whose prison terms go beyond their 18th birthday are removed from Borstal
institutions and taken back to their parents/guardians only if the environment is conducive and they continue
with treatment. Those who fail to comply with requirements have a warrant of arrest issued against them.8

IV. EFFECTIVE TREATMENT AND EVALUATION
Juveniles are taken through courses of their choice geared towards whole personal development tobecome responsible adults, thus enhancing their welfare. They are offered formal and informal education toenhance literacy and acquire trade skills, respectively. Thereafter they sit for examinations, are graded andare awarded certificates that do not reflect they were offenders.9 This is to avoid discrimination against thechild that may lead to stigmatization. Diversion is applied where offenders are subjected to Community
Service Orders to perform duties aimed at promoting well-being of the society.10 The Probation Officefacilitates sessions for reconciliation with aggrieved parties. Offenders are free to apologize or compensate
victims who may voluntarily forgive them. They are also verbally sanctioned by reprimand or warning.11
Kamiti Youth Training Centre provides vocational training in plumbing and carpentry to males. Kamae
Girlsʼ Correctional Centre (the only girlsʼ facility in the country) offers dressmaking, hairdressing, beauty
therapy and food and beverage production examinable courses that are graded accordingly. Good nutrition,
medical and counselling services are offered.12
Minors are referred to the institution by probation offices through the court. There is also temporary
accommodation in probation hostels for low-risk offenders and needy cases in transit to the community.
Parents/guardians visit them through the remote parenting programme that was initiated to establish andmaintain bonds between parents and their offspring.13

V. THE SOCIAL ENVIRONMENT
Social Disorganization theorists argue that factors in the neighbourhood, such as insecurity, single
parenthood and poverty among others, influences behaviour of children through their ability to promote orimpede social institutions such as family and other social groups which serve to preserve social order.14 Peer
influence contributes to the well-being of children and young adults.
Negative peer pressure aggravates behaviour of deviant juveniles.15 Minors have great respect for peergroups; hence they are easily influenced by negative conduct.16 This has the profound effect of abnormal
Oral Interview with Julius Kaimenyi, a Police Officer based at Gender and Child Protection Office, Kikuyu Police Station on
04/11/2016.
6
Oral interview with Leah, Probation officer, Kikuyu Sub County on 04/11/2016.
7
Oral interview with Harriet, Childrenʼs officer, Kikuyu Sub County on 05/11/2016.
8
Oral interview with Leah, Probation officer, Kikuyu Sub County on 04/11/2016.
9Oral interview with Leah, Probation officer, Kikuyu Sub County on 04/11/2016.
10
Examples: Building and construction, cleaning and environmental conservation.
11
Oral Interview with Obonyo, a civil servant based at the probation office, Kikuyu Sub County on 06/01/2017.
12
Oral interview with FairBay, Superintendent in Charge, Kamae Girls Training Centre (Formerly In-Charge Youth TrainingCentre) at Kamiti Maximum Security Prison on 05/05/2016.
13
Oral interview with FairBay, Superintendent in Charge, Kamae Girls Training Centre (Formerly In-Charge Youth TrainingCentre) at Kamiti Maximum Security Prison on 05/05/2016.
14
Tama, Leventhal and Jeanne, Brooks-Gunn, “The Neighborhoods They Live in: The Effects of Neighborhood Residence onChild and Adolescent Outcomes”, Psychological Bulletin, Vol. 126, No. 2, 2000, pp. 309-310. Accessed: http: //www. gxe2010.
org/Speakers/pubs/Brooks-Gunn_2000a.pdf on 06/11/2016.
15Kenneth, Dodge (et. al), Deviant Peer Influences in Programs for Youth: Problems and Solutions (New York: Guildford Press,2006), p. 3.
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165TH INTERNATIONAL SENIOR SEMINARPARTICIPANTSʼ PAPERSadulthood. The school environment has intense influence over child growth and development. Schoolcommunity, programmes, rules and regulations interact with the child and shape personality development.17
Both desirable and undesirable attributes are acquired, and the child may engage in delinquency as a learned
response to negative stimuli such as bullying.18

VI. COOPERATION BETWEEN INSTITUTIONAL AND COMMUNITY-BASEDTREATMENT
Researchers attest that though treatment done to juvenile offenders while incarcerated was successful,cases of recidivism were reported after being released. Therefore, treatment programmes must be continued
after they go back to the community. Hence there must be cooperation between institutional and communitybased treatment to enhance sustainability.19 Among cases handled in the probation office, a majority ofjuveniles are reformed and resume law abiding lives, but there were cases of those who exhibited recidivism.
They were re-arrested and subjected again to the juvenile justice system. If there was a suspended sentence
it is enjoined later in the proceedings. The community-based approach is employed to enhance treatment of
those serving sentences while still integrated in the community and also the ones released from prison.20
Therefore, a two-pronged approach is applied to maximize achievement of objectives.
The broader community is brought on board directly through regular public forums commonly known asbarazas, such as chiefsʼ forums, Community-Based Policing or indirectly through their leaders. During theseinteractive sessions, they are sensitized on the need to collectively enhance public safety and security byidentifying suspected offenders and reporting to the authorities. They are also informed how thecriminal/juvenile justice system functions to eradicate ignorance. This breeds community ownership ofprogrammes and other initiatives.
A. Challenges of Community-Based Treatment
1. Resource Constraints
Inadequate resources, among them, insufficient financial allocation hampers expenditure during service
delivery. There is lack of enough qualified personnel to adequately handle the workload; hence, available staff
are overstretched. Professional staffing is insufficient to deal with specialist cases such as guidance andcounselling, a situation aggravated by the high attrition21 rate of qualified staff. This leaves available staff
overburdened by job demands.22
2.

Weak Family Units
These are occasioned by poor parenting. Most cases were attributed to parents who absconded from their
responsibilities leaving out roles to be performed by house help, teachers and other external parties.
Consequently, children become strangers to their parents, leading to poor mentorship and criminality.23 Child
offenders who have been disturbed psychologically, mentally and physically are predisposed to suffer frommental illness.24 This negatively affects the treatment process in the wake of insufficient specialist staff.
3.

Safety and Security
A section of staff members and witnesses receive death threats when they handle sensitive cases. This
demoralizes them and affects the quality of service delivery, leaving them hopeless and unable to discharge
their mandate effectively. Witnesses are also threatened with dire consequences if they support prosecution
Oral interview with Harriet, Childrenʼs officer, Kikuyu Sub County on 05/11/2016.
Arthur, Reynolds, et al, “Long-term Effects of an Early Childhood Intervention on Educational Achievement and JuvenileArrest”, American Medical Association, Vol. 285, No. 18, pp. 2339-2341. Accessed: http: //www. precaution. org/lib/effects_of_early_intervention.010509.pdf on 04/11/2016.
18
Gayre, Christie, et al, “Reducing and Preventing Violence in Schools” Seminar Paper, 1999, pp. 1-6. Accessed: https://www.
peacebuilders.com/media/pdfs/research/QueenslandUniversity.pdf on 05/11/2016.
19
David, Tate, et al, “Violent Juvenile Delinquents: Treatment Effectiveness and Implications for Future Action”, American
Psychological Association, Vol. 50, No. 9, 1995, pp. 779-780. Accessed: www.researchgate.net on 06/11/2016.
20
Oral interview with Leah, Probation officer, Kikuyu Sub County on 04/11/2016.
21
These includes resignation, dismissal and retirement, among others.
22
Oral interview with Harriet, Childrenʼs officer, Kikuyu Sub County on 05/11/2016.
23
Oral interview with Harriet, Childrenʼs officer, Kikuyu Sub County on 05/11/2016.
24
Oral interview with Leah, Probation officer, Kikuyu Sub County on 04/11/2016.
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of powerful and influential accused persons.25
4.

Drug and Substance Abuse
There is rampant abuse of drugs among children and young offenders due to availability of thecontraband namely cannabis sativa (bhang), cocaine and hashish. They also abuse drugs meant to treat mental
illness. When high, childrenʼs thought processes are compromised and they easily commit crime.26 The effects
of drug use inhibit their moral reasoning, and they engage in crime and violence without feeling guilt.
5.

Lack of Information
Lack of information about the juvenile justice system impairs proper understanding of its operations andprocedures. This knowledge gap in the community breeds prejudice based on ignorance which erodes publictrust and confidence. When a juvenile suspect was out on bond pending hearing and determination of the casein court, the public perceived that corruption took place and the offender secured freedom. Ex-convicts are
stigmatized by society which makes reintegration difficult and predisposes them to recidivism.27
6.

Weak Legal Framework
The laws governing administration of juvenile justice were found to have gaps that weaken the process.
There is no separate provision for juveniles; hence they are subjected to the same laws as adult offenders
though these contain provisions for subjecting juveniles to the justice system.28 In this scenario, the bestinterests of the child are not adequately catered for.
B. The Way Forward
There is need to allocate more resources to key agencies involved in the administration of juvenile justice.
This will enable efficient implementation of relevant policies, programmes and laws. Family is key for shaping
an individual to become a socially fit adult. Hence there is need to empower parents to enable them to mentor
children from early life.
Mental health is key to being a productive human being in the society, and is closely related to drug andsubstance abuse. Therefore, there is need to revamp the mental healthcare system for the sake of juveniles
and young offenders in an effort to assist them to reform and lead productive lives. Safety and security of
personnel working in the administration of juvenile justice, be they members of staff, victims or witnesses,
need to be enhanced.
There is need to enhance the dissemination of information to ensure citizens are empowered withknowledge, and hence bridge gaps that cause ignorance, prejudice and misinformation. Trainings, workshops,seminars and related programmes should be reinvigorated. The existing legal framework that includes but is
not limited to the Childrenʼs Act and Probation Act among others should be reviewed to address emerging
issues in the administration of juvenile justice.
Research and development is key to enrich the existing wealth of knowledge. Towards this endeavour,experts in relevant fields should be brought on board and be given an opportunity to improve the juvenile
justice system. There is also need for exchange programmes and benchmarking visits to and among
countries with best practices. Lessons learned and experiences acquired should then be adopted anddomesticated to improve local standards.
Moreover, continuous monitoring and evaluation of policies, programmes and other initiatives is vital toensure maximum positive impact is generated and sustained in the juvenile justice system. This will ensure
emerging gaps occasioned by dynamic needs of the society are addressed and enhance sustainability of theresults achieved.

Oral interview with Leah, Probation officer, Kikuyu Sub County on 04/11/2016.
Oral interview with Leah, Probation officer, Kikuyu Sub County on 04/11/2016.
27
Oral interview with Leah, Probation officer, Kikuyu Sub County on 04/11/2016.
28
Oral interview with Leah, Probation officer, Kikuyu Sub County on 04/11/2016.
25
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VII. CONCLUSION
Community-based treatment is considered better than institution-based therapy because those confined
to institutions are “programmed” in their daily lives; hence, they become mechanical.29 Thus, the former
needs to be revitalized to accommodate more juvenile offenders, and incarceration should be a last option.
Treatment programmes, monitoring and evaluation enhance achievement of desired results and are closely
connected with factors in the social environment which impact on personality development. When players in
the administration of the criminal justice system cooperate, they create synergy; thus, achievement of the set
goals is maximized. The programmes put in place focus on adopting the international and local instruments
for safeguarding interests and promoting well-being of juveniles to grow and develop to become productiveadults.

VIII. APPENDIX
A. References
1. Books
Dodge, Kenneth, (et. al), Deviant Peer Influences in Programs for Youth: Problems and Solutions (New York:Guildford Press, 2006).
Dietrich, Rauschning, et al, Key Resolutions of the United Nations General Assembly 1946-1996 (Cambidge:Cambidge University Press, 1996).
Robert, Hoge, et al. (ed.) Treating the Juvenile Offender (New York: Guilford Press, 2008).
Winterdyk, John, Juvenile Justice Systems: International Perspectives (Toronto: Canadian Scholars, 2002).
2. Articles
Patricia, Chamberlain and John, Reid, “Comparison of Two Community Alternatives to Incarceration for
Chronic Juvenile Offenders”, Journal of Consulting and Clinical Psychology, Vol.66, No.4. Accessed: www.
researchgate.net on 06/11/2016.
Christie, Gayre, et al, “Reducing and Preventing Violence in Schools”, Seminar Paper, 1999. Accessed: https://www.peacebuilders.com/media/pdfs/research/QueenslandUniversity.pdf on 05/11/2016.
Paul, John, and Francis, Cullen, “Juvenile involvement in occupational delinquency”, Journal of Criminology,Vol.38, No.3, 2000, p.863. Accessed: https://scholar.google.com on 03/11/2016.
Scott, Henggeler, et al, “Family Preservation Using Multi-systemic Therapy: An Effective Alternative toIncarcerating Juvenile Offenders”, Journal of Consulting and Clinical Psychology, Vol. 60, No. 6, 1992.
Accessed: http://n.ereserve.fiu.edu/ba579161.pdf on 02/11/2016.
Reynolds, Arthur, et al, “Long-term Effects of an Early Childhood Intervention on Educational Achievement
and Juvenile Arrest”, American Medical Association, Vol.285, No.18. Accessed: http://www.precaution.
org/lib/effects_of_early_intervention.010509.pdf on 06/11/2016.
Tate, David, et al, “Violent Juvenile Delinquents: Treatment Effectiveness and Implications for Future
Action”, American Psychological Association, Vol. 50, No. 9, 1995. Accessed: www. researchgate. net on
06/11/2016.
3. Oral Interviews
Oral interview with Harriet, Childrenʼs officer, Kikuyu Sub County on 04/11/2016.
Oral Interview with Mr. Robert Mulwa, senior Superintendent of Police, Kikuyu Sub County Commander,
Administration Police Service on 04/11/2016.

29

Oral interview with Harriet, Childrenʼs Officer, Kikuyu Sub County on 05/11/2016.

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Oral Interview with Julius Kaimenyi, a Police Officer based at Gender and Child Protection Office, Kikuyu
Police Station on 04/11/2016.
Oral interview with Leah, Probation Officer, Kikuyu Sub County on 04/11/2016.

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