OVERVIEW OF THE KENYAN CRIMINAL JUSTICE SYSTEM(CORRECTIONS)
Olivia L.A. Onyango-Israel

I. INTRODUCTIONKenyaʼ
s criminal justice system establishes the flow of criminal procedure among partners anddefines the role of each of them in the management ofoffenders. The purpose is to attain societal peace
and posterity by advocating for respect of the rule of law. The main partners in the criminal justicesystem in Kenya are the community, the police (investigation and arrest); the judiciary (judicialprocedure);the probation and aftercare service(community treatment),the prison service(reformation,rehabilitation and reintegration).
The Kenya Prison Service traces its origin to the colonial programmes that were designed to pacify
the restive and recalcitrant African natives.The system inflicted some of the harshest punishments andwas hardly concerned with any concrete rehabilitation and subsequent reintegration of offenders.
However, the philosophy has shifted from retributive to restorative justice, and today Kenya isimplementing programmes for humane containment and social rehabilitation of offenders.

II. THE KENYA PRISON SERVICEThe Kenya Prison Service is a department in the office of the Vice President and Ministry of Home
Affairs and functions under the Prison Service Act (CAP. 90) and Borstal Acts (CAP. 92) Laws ofKenya. The departmentʼs primary responsibility within the criminal justice system is to contribute to
public safety and security by ensuring safe custody and social rehabilitation of offenders for community reintegration.
In the implementation of this mandate,the Kenya Prison Service has ratified several international
conventions and treaties including the Universal Declarations of Human Rights (1948) and the UN
Standard Minimum Rules for the Treatment of Prisoners. Kenya has also ratified continental andregional conventions, such as the Kampala Declaration (1992)and the Ouagadougou Protocol of 2004
on the treatment of offenders.

III. STATISTICAL INFORMATIONThe Kenya Prison Service has one hundred and eight (108)prison institutions of which eighteen (18)are womenʼs prisons, eighty-seven (87) are for male offenders, while three (3) are for juvenile maleoffenders ― two Borstal Institutions and one Youth Corrective Training Centre (YCTC).The current
inmate population is about 55,800 against established capacity for 18,600. There are a total of 18,400
members of staff out of which 4,812 are female officers.

IV. CLASSIFICATION OF KENYAN PRISONS
The classification of Kenyan prisons is detailed in the Kenya Prison Standing Orders Chapter 69,
which specifies prisons as Closed, Semi-Closed, Borstal Institutions or Youth Corrective Training
Centres. Closed Prisons (also known as M ain Prisons) are Maximum Security Prisons containing
offenders serving long terms of imprisonment or convicted of serious subversion or violent offences.
Prisoners are classified and assessed on the basis of the level of security needs, the age of theOfficer-in-Charge, Kamiti M edium Security Prison, Kenya.

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inmates and length of sentence of offenders.The semi-closed prisons contain prisoners serving medium
terms of imprisonment with less-serious offences of subversion and violent nature.
Kenyan Correctional Institutions are also divided by gender (i.e. male and female prisons). Theseprisons are further subdivided depending on which dominant rehabilitation programme (farm orindustrial)is being administered.

V. PARTNERSHIPSThe Kenya Prison Service has crucial membership and linkages which contribute largely on policy
directions and capacity requirements in the treatment of offenders. These include memberships invarious regional correctional organizations and linkages with NGOs and governments. African
Correctional Services Association (ACSA), International Corrections and Prisons Association(ICPA),United Nations African Institute for the Prevention of Crime and the Treatment of Offenders(UNAFRI)among others.

VI. CHALLENGES
A number of challenges have been experienced within the prison service.These include:congestion,
inadequate resources, uncoordinated linkages with other criminal justice systems, and inadequate
female-responsive programmes.

VII. CONCLUSION
The role of corrections as a vital pillar in the delivery of the criminal justice system needs to bereassessed in terms of relevant programmes for offenders and sound partnerships with all stakeholders,
including the immediate community. These programmes, while espousing the virtues and tenets ofvarious conventions on human rights and prison practices,should ensure sustained social reintegrationof offenders into society with a hope of peaceful and prosperous nations.

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APPENDIX AThe Organization of the Kenya Prison Service152

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APPENDIX B
Kenyaʼ
s Convicted Prison Population by Gender
2004

2005

2006

AGES

M aleFemale

MaleFemale

MaleFemale

Under 16
16-17
18-20
21-25
26-50
50＋
TOTAL

166
3,706
19,13427,921
19,8468,559
78,432

351
2,874
3,780
3,290
562
10,8572
3,293
16,68530,44033,3395,936
89,689

0
548
2,198
4,333
4,298
624
12,001

1,077
4,455
20,71027,83837,0056,700
97,785

2
367
2,797
3,894
5,666
613
13,349

GRAND TOTAL

89,289101,696

111,134

2007

2008

2009

AGES

M ale

FemaleMaleFemale

MaleFemale

Under 16
16-17
18-20
21-25
26-50
50＋
TOTAL

38
5,115
22,62130,12235,102
6,549
99,547

9
414
3,212
4,011
6,223
671
14,540154
1,959
16,22520,471
29,33911,301
79,449

0
263
2,690
2,472
3,257
283
8,965

24
2,890
21,77030,822
32,9708,286
96,762

25
207
2,453
4,247
3,856
482
11,270

GRAND TOTAL

114,087

88,414

108,032

2010 (provisional)
AGES

M ale

FemaleUnder 16
16-17
18-20
21-25
26-50
50＋

43
2,139
17,60524,49927,519
6,557

17413
1,784
3,526
3,901
628

TOTAL

78,362

10,269Source: Kenya Prisons Service Department

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APPENDIX CClassification of Kenya PrisonsClassification Mode and Prison Types by Numbers (Kenya)
Classification

Particulars/Basis/method

1

Closed prisons (main security prisons)High risk and long sentence offenders

52

Semi-Closed (medium security prisons)Sentences from 6 months to 5 years

100

3

Borstal institutions

Juvenile offenders

24

Youth Training and Correctional Centres

For non-convicted offenders

1Total154Number108