INSTITUTIONAL TREATM ENT OF FEMALE OFFENDERS IN KENYA
Olivia L.A. Onyango-Israel

I. INTRODUCTION
Kenyaʼ
s prison establishment and practices borrowed heavily from British colonial penal philosophy whose emphasis was retribution and incapacitation of offenders with very cruel and inhumane
penalties. Women offenders faced even worse forms of abuses due to the absence of requisite femaleresponsive programmes. Culture and traditional stereotypes stigmatized them both during and after
imprisonment, turning female offenders into pariahs upon release.
The 1963 political independence from the British colonial system marked a major watershed on theprison practices and treatment of offenders in Kenya. A new philosophy of rehabilitation was adopted.
This resonated well at the policy level; however, the implementation of the principles in line withvarious international conventions and treaties on the treatment of offenders remained wanting as theprison establishment continued with its old practices. Prisons on the whole remained centers of
brutality,physical and emotional torture.In a word,rather than being correctional centers,the prison
system evolved as emotional graveyards of the inmates.
The emerging globalization and the internationalization of correction institutions blew a new windof change necessitating, mutatis mutandis, a review of our penal systems to move in sync withacceptable best practices. In tandem, the Kenyan government adopted a series of reforms tailoredspecifically to meet international standards. Despite the milestones, debate is hot among scholars on
the reforms. On the one extreme are those who contend that inadequate legislation and lack of soundcapital outlay is to blame for the slow implementation of desired programmes. This argument is,however,given a generous reductio ad absurdum byscholars such as Austin,J.B.and Donahue,T.(1992:
69,116-118)et al.who posit that certain treatment options for female offenders do not require funds atall. The “problem”in their very considered opinion has more to do with lack of creativity andconservative nature among prison managers than funds.Further,they blame the dearth of knowledge
on the part of prison authorities on how to promote successful outcomes in the treatment andmanagement of female offenders.Complicating an already very sorry state is the fact that correctional
institutions receive the least in overall national budgetary allocation and are seldom talked about
unless when there is either a jailbreak or an epidemic.
A number ofinternational interventions have latelyemerged,mainlythrough conventions(Bangkok
Rules,2010),legislation and funding to help alleviate challenges that affect the institutional treatmentof female offenders.It is expected that with strict adherence to the principles of international laws andthe UN conventions,most of the shortfalls in the treatment of female offenders will be mitigated.The
Bangkok Rules recognize (in par.11)that,“
not all of the rules can be equally applied in all places andat all times”. Nonetheless, correctional responsibilities should permit sufficient enjoyment of humanrights and individual respect and dignity of offenders.
This paper is an attempt to examine the current situation on the institutional treatment of female
offenders in Kenya, the inherent challenges and a search for possible solutions and to determine theextent to which the country has domesticated the provisions of the Bangkok Rules and other bestinternational practices.

Officer-in-Charge, Kamiti M edium Security Prison, Kenya.

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II. STATUS OF FEM ALE-COMMITTED CRIMES IN KENYA
Traditionally,the area of female inmates had not received much attention in the country due to therelatively small population of female offenders as compared to their male counterparts.However,therapid increase in the number offemale offenders has ipso facto occasioned the need for viable structures
for treatment of female offenders. Cole (2002)and Barbara,R.P (2004)posit that the status of female
offending is a reflection of the extent to which social pillars are upheld and the efficacy in which thecriminal justice system is able to restore order within a society. Currently, a number of institutional
reforms are taking place within the police,the judiciary and the prison departments.The need for thesereforms had been revamped after the devastating post-election violence which was associated with afailed criminal justice system1.
Female offenders in Kenya make up to about 18% of the total prison population with the number
increasing from 10,857 in 2004 to 18,112 in 2012. They also account for up to 4% of all violent crimesin Kenya (Kenya Police Crime Statistics, 2011). M ore women are getting increasingly involved incrimes that hitherto were male dominated.M ost female offenders are from poor backgrounds with lowsocial status. The majority of them are illiterate, mainly from broken families. In certain cases, anabusive past and residence in urban centers also predispose some females to commit crime. Female
crimes in Kenya are diametrically opposed to those of their male counterparts.Whereas males have atendency to be involved in violent crimes and other serious acts of subversion,female offences are lesssevere.Christine,A.O,(2010)and Barbara,R.P.,(2004),established that the majorityoffemales commit
offences including assault,loitering,littering,hawking,and illicit alcohol brewing and sale. Presently,
a number of females have been arrested for crimes such as prostitution,child neglect,child trafficking,drug trafficking, economic fraud and homicide. The offences notwithstanding, those arrested findthemselves assigned to one of the eighteen (18) womenʼs prisons in the country with Langata andShimon La Tewa maximum security womenʼs prisons housing inmate populations of between 2,000 and
3,500 offenders.

III. INSTITUTIONAL TREATMENT OF FEMALE OFFENDERS
Prior to the adaptation of the Bangkok Rules, Kenya had domesticated specifically the UN
Standard M inimum Rules on the Treatment of Prisoners (SMR), 1955, the Geneva Declarations on
Human Rights (UDHR)of 1948.These conventions and rules set minimum standards for the admission,containment and rehabilitation of offenders within the correctional institutions.
A. Admission of Female Offenders in Correctional Institutions
Accordingly,in light of the Bangkok Rules,inmates are classified on the basis of their age,health,special needs and security concerns so as to define suitable rehabilitation programmes and appropriate
provisions for each category of offenders. Inmates are also informed about their responsibilities,
human rights, and avenues to seek recourse in case of need or abuse.
B. Containment of Female Offenders
In line with the UN Standard Minimum Rules for the Treatment of Prisoners, (1955:Rule 8a), theKenya Prison Act (CAP. 90), and the Bangkok Rules (2010:Rule 5), female offenders in Kenya areseparated in female only institutions. The department, with various partnerships, has provided facilities and materials for womenʼs specific hygiene needs,including sanitary towels,and a regular supplyof water and electricity.There are separate wards for those inmates who are old,lactating,pregnant
or suffering from mental illness. Offenders are issued free toiletry and sanitary towels and adequate
food rations. A number of children who accompany their mothers benefit from day care institutions,adequate water and electricity supplies and are accommodated in separate dormitories.
C. Infrastructural Provision in the Treatment of Female Offenders
The Kampala Declaration (1996) and the departmentʼ
s strategic plan have become the necessary
tools in the extensive infrastructural upgrades in most womenʼs prisons in the country. M ost of the oldcolonial structures have been transformed into modern accommodation facilities in the effort to create
1See Kriegler-www.kas.de, Philip Ransley-www.administrationpolice.go.ke and Waki reports.

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safe, secure and humane conditions for female prisoners. Further, there has been improvement in thetransport system from the colonial lorry pick up (black mariamu) to modern humane buses. The
creation of the Directorate of Prisons Health Services has also seen the improvement of healthcaredelivery in all prison institutions.
D. Recruitment Policy and Available Skills
The recruitment policywithin the Kenya Prison Service is guided bythe national Constitution (2010)
and Public Service Act,which provide for gender parity and engagement of competent officers within
the civil service.Even though there has been concerted effort to attain gender parity within the Kenya
prison service staff, little has been attained especially in key rehabilitation departments. There arestaff deficiencies in carrying out new demands in the treatment of female offenders.
E. Rehabilitation Programmes for Female Offenders in Kenya
Skill acquisition as a sufficient and necessary plank in rehabilitation programmes is being implemented through partnerships with various NGOs, stakeholders and the international community.
The philosophy behind these rehabilitation programmes is to prepare prisoners for community reintegration in line with the Kenya prison reform agenda and various provisions contained in internationalcovenants.
F. Treatment of Female Offenders with Substance Abuse Cases
Substance abuse treatment is a priority need of the majority of female offenders in the country.
M anagement of these offenders remains a big challenge for prison authority in Kenya. For proper
management more specific information concerning incarcerated offenders with alcohol and drug
problems is needed.As a corollary to alcohol and drugs,HIV/AIDS has further complicated the plightof female offenders.
G. Treatment of Female Offenders with HIV/AIDS
To respond to the HIV/AIDS pandemic the prison department in 2007 developed a comprehensive
policy to manage HIV/AIDS among its staff, inmates and the immediate communities. The policyʼ
smain agenda is to provide screening and intervention programmes for effective management of those
infected and affected by the scourge.
H. Treatment of Juvenile Female Offenders
Juvenile female offenders,however,are contained together with adults.This has impacted negatively their reformation and subsequent reintegration. Institutional treatment interventions for youthfulfemale offenders in Kenya includes psychosocial therapy, skills training, formal schooling, reintegration, empowerment, HIV/AIDS therapy, and pre-and post-natal services, and pre-school services forthe children accompanying their mothers in prisons.
In a nutshell, the driving philosophy behind the rehabilitation programmes entails a mosaic offormal education for juvenile offenders; informal education for illiterate adult inmates; vocational
training (industrial and farm enterprises); psychosocial therapy (general and spiritual counselling);
business and commercial education;recreational activities including sports and indoor games;talentdevelopment;and remote parenting.

IV. CHALLENGES AND PROBLEMS
The prison department faces numerous problems in its effort to offer scientific evidenced-based
treatment for female offenders. The basis of these problems lies with either the institutional or
structural arrangement prevailing in the prison facilities. Of serious concern is the lack of necessary
tools and resources for assessments,or tests,that are designed to identify the needs accommodated or
addressed by correctional institutions which are immanent in identifying what services would be mostbeneficial to female offenders. Besides the uncoordinated manner in which partners in the criminal
justice system dispense of their work,there is lack of policy framework to regulate and coordinate thefunctions of all the criminal justice agencies and to harmonize their functions.Every agency independently pursues its policy agenda without due consideration of the effect of their activities on otherinstitutions. This uncoordinated approach to addressing justice issues leads to problems in the other147

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sector.
The other challenge that affects delivery of humane treatment to female offenders is lack ofsufficient infrastructure and human resources. M ost of the prison facilities were designed and built
during the colonial era with a completely different philosophy for the treatment of offenders. The
process of modernizing and developing existing physical infrastructure, which is one of the pillars of
the current department strategic plan, is being implemented.
Overcrowding still remains a big challenge as it stretches the meager resources in prison institutions
leading to poor sanitation,the prevalence of communicable diseases and abuse in personal decency of
the inmates. Where certain rehabilitation programmes are being offered, their impact is affected due
to obsolete facilities.For instance,the provision of education is affected by lack of stationary,modern
books and libraries.
The Kenyan justice system has seen a number of high profile women engaged in criminal activities
that previously were associated with men. This category of offenders includes well educated, highly
trained professionals with very sound financial backgrounds.The prison department does not have any
rehabilitation measures for such offenders although their numbers are on the rise.

V. POSSIBLE SOLUTIONS
Timely delivery of justice is key as one of the strategies for decongesting prisons.The courts should
hasten the delivery of justice and use the alternative sentencing mechanism to settle disputes other thancustodial sentences. The community service order which is available in the country needs to be fully
implemented, and petty offenders should be given non-custodial convictions. There is a need forenhanced partnerships to attract funding which can then be used to improve the infrastructure andhuman resource requirements for effective implementation of rehabilitation programmes. Continuous
training and exchange programmes for prison staff are critical to enable them to adopt new treatment
options for female offenders. Additionally, female offenders should be exposed to viable and labour
market responsive courses.

VI. CONCLUSION
The treatment of female offenders mirrors the manner in which the community is dealing with thesocioeconomic affairs that affect the nation.Whenever proper and humane treatment programmes areaccorded to female offenders, peace, security and economic posterity is achieved and vice versa.
Whereas the prison reforms targeting female offenders in Kenya are commendable,a lot still needs tobe done to adapt creative programmes and international best practices such as development ofgender-responsive policies,programmes and practices to ensure progressive and social reintegration of
offenders.Finally,offenders come from the societies,and community participation in their full reintegration is imperative. The public must therefore be included to ensure the elimination of the psychosocial,economic,and cultural barriers that remain a hindrance to the full implementation of effective
rehabilitation programmes for female offenders.

VII. REFERENCES
Austin, J., Bloom, B., and Donahue, T. (1992), Female Offenders in the Community: An Analysis of
Innovative Strategies and Programs (Washington, DC:National Institute of Corrections).
Dantzker and Hunger (1999), Types of Crimes amongst Female (London:Sage Publications).
G.O.K (2010), Economic Survey (Nairobi:Government Printing Press).
G.O.K (Various Issues), Statistical Abstracts (Nairobi:Government Printers).
G.O.K (2011), Crime Statistics in Kenya, Police Annual Report (Nairobi:Government Printers).

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International Seminar on Prison Conditions in Africa (1996), The Kampala Declaration on Prison
Conditions in Africa (Kampala, Uganda).
KNCHR (2011), Crime Trends in Kenya (Nairobi:Oxford University Press).
Lear, K. and Abdalla, B. (2009), Social Policy Development (Nairobi:Oxford Printing Press).
Simon, R.J (1995), Women and Crime (Lexington:Lexington Books).
Simon,R.J.and Landis,J.(1991),The crimes women commit, the punishments they receive.(Lexington:
Lexington Books).
Smart, C. (2000), Women Crime and Criminology (London:Routledge and Kengal Paul).
United Nations (2010),UN Rules for the Treatment of Women Prisoners and Non Custodial Measures
for Women Offenders (New York:United Nations).
Worrall, A. (1990), Offending Women: Female Lawbreakers and Criminal Justice System, (London:
Routledge).

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