Looking in the mirror: reflections on implementation of the principles of penal system in Kenya’s prisons

Abstract

This paper explores the extent to which the penal system principles of deterrence, reformatory, retributive and utility principles are implemented in Kenya. In Kenya, recent prisons service reforms call for containing offenders in humane and safe conditions, in order to facilitate responsive administration of justice, rehabilitation, social re-integration and community protection. The paper describes reflections of how various categories of prisoners in Kenyan penal institutions are handled in the lens of reformation. Data were collected through interview schedules, Focus Group Discussions, informant interviews, observation, biographic survey and secondary sources. A total of 200 prisoners were selected using stratified simple random sampling. The data obtained were analyzed both qualitatively and quantitatively. The paper reports that both the utility and retributive principles of the Kenyan penal system are adequately implemented, but this is not true when it comes to deterrence and reformatory principles. The paper concludes that imprisonment does not adequately deter the individual and the general public from offending and re-offending, as evidenced by the rate of recidivism in Kenyan penal institutions. We recommend redress to deterrence and reformation to achieve holistic rehabilitation and re-integration of offenders in Kenya.