Prisons Act Cap 90 - as Plain Text by MWakili

LAWS OF KENYA The Prisons AcT CHAPTER 90 Revised Edition 2009 (1977) Published by the National Council for Law Reporting with the Authority of the Attorney General CAP.

90 2 Prisons [Rev.

2009 CHAPTER 90 THE PRISONS ACT ARRANGEMENT OF SECTIONS Pa rt IPr elImInary Section 1Short title.

2Interpretation.

Pa rt IICo nstItutIonand ad mInIstratIon 3Composition of Service.

5Administration of Service.

4Repealed 6Powers of Deputy Commissioner, and delegation of powers.

Pa rt IIIPo wers , du tIesand Pr IvIlegesof Pr Ison of fICers 7General powers and duties of prison ofcers.

8Responsibility of ofcer in charge for stores, etc.

9Where prison ofcers have powers and privileges of police ofcers.

10Arrest of deserters.

11Power to examine persons or vehicles.

12Use of force by prison ofcer.

13Power to take photographs, ngerprints, etc., of prisoners.

14Non-liability for act done under authority of a warrant.

Pa rt IvoffenCes by Pr Ison of fICers 15Prison ofcers not to leave Service without permission.

16Prison ofcers to be subject to Code of Regulations.

17Assault on ofcer senior in rank.

18Miscellaneous offences by prison ofcers.

19Other offences.

20Prison ofcers not to be members of trade unions.

21Prison ofcers not to engage in dealings with prisoners.

22Search of prison ofcers.

23Powers of ofcers holding disciplinary inquiries.

Pa rt ves ta blIshmentand Co ntrolof Pr Isons 24Declaration of prisons.

25Temporary prisons.

26Ofcers in charge.

Rev.

2009] Prisons CAP.

90 3 Section 27Appointment of police ofcers to perform the duties of prison ofcers.

28Women prison ofcers and female prisoners.

29Medical ofcers.

Pa rt vIad mIssIon , Co ntroland dI sChargeof Pr Isoners 30Prisoner in custody of ofcer in charge.

31Detention of remand prisoners.

32Custody of persons under arrest.

33Prisoners required as witnesses.

34Prisoners to be subject to prison discipline.

35Maintenance of certain prisoners from private sources.

36Female prisoners to be kept apart.

37Prisoners may be removed to any prison.

38Removal of prisoners of unsound mind.

39Removal of sick prisoners to hospital.

40Measures for further security of prisoners in hospital.

41Removal of leper prisoners to leper settlements.

42Prison ofcer not liable for escape of prisoners in hospital, etc.

43Labour of prisoners.

44Employment of unconvicted criminal prisoners.

45Release of prisoners.

Pa rt vIIremIssIon of sentenCe 46Remission of part of sentence of certain prisoners.

Pa rt vIIICo mPulsory su PervIsIon or ders 47Compulsory supervision orders.

48Board of Review.

49Release on parole.

Pa rt IXoffenCes by Pr Isoners 50Prison offences.

51Punishment of prisoners by ofcer in charge.

52Punishment of prisoners by the Commissioner.

53Prisoners defence.

54Medical examination before punishment.

55Corporal punishment.

56Segregation of prisoner.

57Register of punishment.

CAP.

90 4 Prisons [Rev.

2009 Section Pa rt XoffenCes In relatIon to Pr Isoners 58Trafcking.

59Prohibited articles.

60Seizure of prohibited articles, etc.

61Trespassing.

62Unlawful possession of prison articles.

63Incitement and abetting of desertion, mutiny and sedition.

64Harbouring prisoners.

65General penalty.

Pa rt XIyo uth Co rreCtIve tr aInIng Ce ntres 66Establishment of youth corrective training centre.

67Corrective training may be ordered in certain circumstances.

Pa rt XIIeX tra mu ral Pe nal em Ployment 68(Repealed ).

Pa rt XIIImI sCellaneous 69Manner of execution of persons sentenced to death.

70Appointment of prison ministers.

71Standing orders for the guidance of prison ministers.

72Appointment and powers of visiting justices.

73Power of Ministers and judges.

74Power to make rules.

75Saving.

Rev.

2009] Prisons CAP.

90 5 CHAPTER 90 49 of 1962, 8 of 1963, 23 of 1963, THE PRISONS ACT L.N.

124/1964, L.N.

374/1964, 21 of 1966, Commencement: 1st February, 1963 8 of 1968, 3 of 1969, An Act of Parliament to consolidate and amend the law relating to prisons; 10 of 1969, to provide for youth corrective training centers, extra mural penal 25 of 1971, employment; to provide for the organization, discipline, powers 10 of 1983, 18 of 1986, and duties of prison ofcers; and for matters incidental thereto and 14 of 1991, connected therewith L.N.

371/1991, L.N.

540/1997, 10 of 1998.

Pa rt IPr elImInary1.

This Act may be cited as the Prisons Act.

Short title.

2.

In this Act, except where the context otherwise requires Interpretation.

25 of 1971, Sch., aggravated prison offence means an offence declared to be such 10 of 1983, Sch.

by rules made under this Act; appellant prisoner means any convicted criminal prisoner who is detained in a prison as a result of a conviction which is the subject matter of an appeal which has been entered or lodged but the decision in regard to which has not been given; Assistant Commissioner means an Assistant Commissioner of Prisons; civil prisoner means any prisoner other than a criminal prisoner; Commissioner means the Commissioner of Prisons; convicted criminal prisoner means any criminal prisoner under sentence of a court or a court martial, and includes a person detained Cap.

75.

in prison under sections 162 to 167 (both inclusive) of the Criminal Procedure Code; court means any court or authority entitled to pass a sentence in a criminal case or to order a person to be detained in custody in any case; criminal prisoner means any person duly committed to custody CAP.

90 6 Prisons [Rev.

2009 under the writ, warrant or order of any court exercising criminal jurisdiction or by order of a court martial; Deputy Commissioner means the Deputy Commissioner of Prisons; deserter means a prison ofcer who absents himself from duty without reasonable cause for a period of twenty-one days or more; medical ofcer means the medical ofcer appointed by the Director of Medical Services or other proper ofcer of the Ministry responsible for health to be the medical ofcer of a prison, or, if no medical ofcer has been so appointed, means the medical ofcer of the district in which the prison is situated, or in his absence any medical ofcer; minor prison offence means an offence declared to be such by rules made under this Act; ofcer in charge means a prison ofcer or an administrative ofcer appointed by the Commissioner to be in charge of any prison; prison means a prison established or deemed to have been established under section 24 of this Act; prisoner means any person, whether convicted or not, under detention in any prison; prison ofcer means any member of the Kenya Prisons Service of whatever rank; Cap.

64.

probation ofcer has the meaning assigned to that expression in the Probation of Offenders Act; prohibited article means an article the introduction or removal of which into or out of a prison is prohibited by this Act or by any rules made thereunder; senior prison ofcer means a prison ofcer of or above such rank as the Minister may specify under section 3 (2) of this Act; Cap.

78 (1948).

Service means the Kenya Prisons Service established by the Prisons Act (now repealed); subordinate prison ofcer means a prison ofcer of or below such rank as the Minister may specify under section 3 (2) of this Act; Rev.

2009] Prisons CAP.

90 7 unconvicted person means a debtor, and any person on remand or awaiting trial, or detained for safe custody or for want of sureties, who has not been convicted by any court; visiting justice means a person appointed to be a visiting justice under section 72 (1) of this Act; youth corrective training centre means a youth corrective training centre established under section 66 of this Act.

Pa rt IICo nstItutIonand ad mInIstratIon3.

(1) The Kenya Prisons Service shall consist of the members Composition of of the Service appointed under this Act and the Prisons Act (now Service.

repealed).

Cap.

78 (1948).

(2) The Service shall consist of such ranks of senior and subordinate prison ofcers as the Minister may, by notice in the Gazette, specify, and prison ofcers shall have seniority as so specied.

4.

[Repealed by L.N.

124/1964.] 5.

(1) The administration of the Service and the control and Administration of Service.

supervision of all prisoners shall be vested in the Commissioner, subject to the directions of the Minister.

(2) The Commissioner may, subject to this Act, from time to time make standing orders and give administrative directions for the observance of all prison ofcers.

6.

(1) The Deputy Commissioner may exercise any of the powers Powers of Deputy or perform any of the duties vested in or assigned to the Commissioner Commissioner, and by or under this Act or any rules made thereunder or by or under any delegation of powers.

other written law.

(2) The Commissioner may delegate any of the powers vested in him by this Act or any rules made thereunder or, save where a contrary intention appears therein, by any other written law, to an Assistant Commissioner.

Pa rt IIIPo wers , du tIesand Pr IvIlegesof Pr Ison of fICers7.

Every prison ofcer shall exercise such powers and perform General powers such duties as are by law conferred or imposed on prison ofcers of his and duties of prison class, and shall obey all lawful directions in respect of the execution ofcers.

of his ofce which he may from time to time receive from his senior ofcers.

CAP.

90 8 Prisons [Rev.

2009 Responsibility of 8.

Every ofcer in charge shall be charged with the safe custody ofcer in charge for of arms, accoutrements, ammunition, clothing and all other public stores, etc.

stores and foodstuffs issued and delivered for the use of the prison, the prison ofcers and the prisoners under his control, and with all public money for which he may be held accountable, and also, subject to this Act and any rules made thereunder, with all valuables, money, articles of clothing and other property entrusted to his keeping as being the property of prisoners, and shall account for the same in case of their being lost or damaged otherwise than by unavoidable accident, theft, robbery or lawful use.

9.

While in charge of prisoners for the purpose of conveying Where prison ofcers any person to or from a prison, or for the purpose of apprehending have powers and any prisoner who may have escaped from a prison, or who may have privileges of police escaped while being conveyed to or from a prison, or for the purpose ofcers.

of preventing the rescue of any persons in custody or an attack on a prison, every prison ofcer shall have all the powers, protection and privileges of a police ofcer.

Arrest of deserters.

10.

Any prison ofcer may, on reasonable suspicion that any person is a deserter from the Service, arrest such person without warrant and shall forthwith take him before a magistrate.

Power to examine 11.

(1) Any prison ofcer may examine anything within, or being persons or vehicles.

brought into or out of, a prison, and may stop and search any vehicle or person within a prison, or going into or out of a prison or, whether within or without a prison, any person who, or any vehicle which, is without authority close to a prisoner or prisoners if he has reason to suspect that such person or vehicle is carrying a prohibited article or any property belonging to the Government in use in a prison.

(2) The senior ofcer on duty in a prison may refuse admission to the prison to any person who is not willing to be searched.

(3) The senior ofcer on duty in a prison may order any person within a prison who refuses to be searched to leave the prison and, if such person refuses to leave, may cause him to be removed from the prison, and for that purpose may use such force as may be necessary.

(4) If on stopping and searching any vehicle or person under subsection (1) of this section a prison ofcer nds any prohibited article or any property belonging to the Government in use in a prison he may arrest that person or the person on the vehicle who appears to have charge of the article or property and shall as soon as practicable cause any such person to be made over to a police ofcer or, in the absence of a police ofcer, to be taken to the nearest police station.

Rev.

2009] Prisons CAP.

90 9 (5) Any search of a woman under this section shall be made by another woman with due regard to decency.

12.

(1) Any prison ofcer may use such force against a prisoner as Use of force by is reasonably necessary in order to make him obey lawful orders which prison ofcer.

he refuses to obey or in order to maintain discipline in a prison.

(2) Any prison ofcer may use any weapons which have been issued to him, including rearms, against a prisoner if (a) he is escaping or attempting to escape and refuses, when called upon, to return; or (b) he is engaged with other persons in breaking out or attempting to break out of any part of a prison and continues to break out or attempts to break out when called upon to desist; or (c) he is engaged with others in riotous behaviour in a prison and refuses to desist when called upon; or (d) he is endangering the life of, or is likely to inict grave injury to, the prison ofcer or to any other prison ofcer or person and the use of weapons, including rearms, is the only practicable way of controlling the prisoner: Provided that weapons shall not be used as authorized in paragraphs (a), (b) and (c) of this subsection unless the ofcer has reasonable cause to believe that he cannot otherwise prevent the escape, breaking out or riotous behaviour, as the case may be.

13.

An ofcer in charge may cause photographs, measurements, Power to take photographs, footprints and casts thereof, palm prints and ngerprints to be taken ngerprints, etc., of of any prisoner by any prison ofcer or other person authorized by the prisoners.

Commissioner in that behalf, and where any person refuses to permit his photographs, measurements, footprints or casts thereof, palm prints or ngerprints to be taken, the ofcer may use or cause to be used such force as may be necessary to secure the photographs, footprints or casts thereof, palm prints or nger prints as the case may be: Provided that the photographs, measurements, footprints and casts thereof, palm prints and ngerprints of a prisoner who is not subsequently convicted shall be destroyed upon the prisoners release by the court.

CAP.

90 10 Prisons [Rev.

2009 Non-liability for act 14.

(1) Where the defence to any suit instituted against a prison done under authority of a warrant.

ofcer is that the act complained of was done in obedience to a warrant purporting to be issued by a court or other competent authority, the court shall, upon production of the warrant and upon proof that the act complained of was done in obedience to such warrant, enter judgment in favour of such prison ofcer.

(2) No proof of the signature on a warrant shall be required unless the court has reason to doubt the genuineness thereof; and where it shall be proved that such signature is not genuine, judgment shall nevertheless be given in favour of a prison ofcer if it is proved that, at the time the act complained of was committed, he believed on reasonable grounds that the signature was genuine.

Pa rt IvoffenCes by Pr Ison of fICers 15.

(1) No prison ofcer shall leave the Service, withdraw himself Prison ofcers not to leave Service without from duty or be absent without leave unless expressly permitted to do permission.

so by the Commissioner or by some other prison ofcer authorized to grant such permission.

(2) Any prison ofcer who leaves the Service, withdraws himself from duty or is absent without leave or deserts shall be guilty of an offence and liable to a ne not exceeding two thousand shillings or to imprisonment for a term not exceeding six months, or to both such ne and such imprisonment.

Prison ofcers to be 16.

Every prison ofcer shall be subject to the provisions of the subject to Code of Regulations.

Code of Regulations for Ofcers of the Government Service for the time being in force, so far as the same are not inconsistent with this Act or any rules or standing orders made thereunder.

17.

Any prison ofcer who assaults, threatens or insults any ofcer Assault on ofcer senior in rank.

senior to him in the Service, when such senior ofcer is on duty or when such assault, threat or insult relates to or is consequent upon the discharge of duty by the ofcer so assaulted, threatened or insulted, shall be guilty of an offence and liable to a ne not exceeding two thousand shillings or to imprisonment for a term not exceeding six months, or to both such ne and such imprisonment.

Miscellaneous 18.

Every prison ofcer who without lawful authority offences by prison (a) knowingly suffers any intoxicating liquor, tobacco, bhang ofcers.

or hemp, drug, opiate, money, clothing, provisions, letter, document or other article to be sold to or received from or used by or on behalf of any prisoner; or Rev.

2009] Prisons CAP.

90 11 (b) lends or gives to any prisoner any intoxicating liquor, tobacco, bhang or hemp, drug, opiate, money, clothing, provisions, letter, document or other article; or (c) knowingly suffers any letter, document, or other article to be brought out of any prison, or to be conveyed from any prisoner; or (d) without the permission of the Commissioner, informs the Press or any other person of any matter concerning a prison or a prisoner or any matter derived from ofcial sources connected with or related to the Service, shall be guilty of an offence and liable to a ne not exceeding four thousand shillings or to imprisonment for a term not exceeding one year, or to both such ne and such imprisonment.

19.

(1) No prison ofcer or any person with any duty with Other offences.

prisoners shall sell or supply, or receive directly any benet or advantage from the sale or supply of, any article to or for the use of any prisoner or for the use of any prison, nor shall any such ofcer or person directly or indirectly have any interest in any contract or agreement for the sale or supply of any such article.

(2) No prison ofcer or any person with any duty with prisoners shall directly or indirectly have any pecuniary interest in the purchase of any prison supplies, or receive any discount, gift or other consideration from any contractor for or seller of such supplies, or have any pecuniary dealing with any prisoner or with any friend of any prisoner with regard to him, or on behalf of any prisoner hold any unauthorized communication with any person.

(3) Any prison ofcer or person who contravenes the provisions of this section shall be guilty of an offence and liable to a ne not exceeding two thousand shillings or to imprisonment for a term not exceeding six months, or to both such ne and such imprisonment.

20.

(1) It shall not be lawful for any prison ofcer to be or to become a member of Prison ofcer not to be members of trade unions.

(a) any trade union or any body or association afliated to a trade union; or (b) any body or association the objects or one of the objects of which is to control or inuence conditions of employment in any trade or profession; or CAP.

90 12 Prisons [Rev.

2009 (c) any body or association the object or one of the objects of which is to control or inuence the pay, pensions, or conditions of service of the Service, other than a staff association or Prison Council established and regulated by rules made under this Act.

(2) Any prison ofcer who contravenes this section shall be liable to be dismissed from the Service and to forfeit all rights to any pension or gratuity.

(3) If any question arises as to whether a body is a trade union, or association to which this section applies, the question shall be decided by the Minister, whose decision shall be nal and conclusive.

21.

(1) No prison ofcer shall receive any fee, favour or gratuity Prison ofcers not to from or have any business dealing with any prisoner, or with any engage in dealings discharged prisoner, or with any visitor to a prison, or with any friend with prisoners.

of any such visitor.

(2) No prison ofcer shall correspond with or have any dealing with any friend or relative of any prisoner, unless expressly authorized so to do by the ofcer in charge.

(3) No prison ofcer unless so authorized by the Commissioner shall give any certicate or testimonial to, or in respect of, any prisoner as regards his conduct in prison or otherwise.

(4) No prison ofcer shall, save in accordance with the orders or directions issued by the Commissioner, convey any communication or article to or from any prisoner.

(5) Any prison ofcer who contravenes any of the provisions of this section shall be liable to a ne not exceeding one thousand shillings or to imprisonment for a term not exceeding three months, or to both such ne and such imprisonment.

Search of prison 22.

(1) A prison ofcer may at any time be searched on the orders ofcers.

of a prison ofcer senior in rank to him.

(2) The ofcer in charge may at any time order the quarters occupied by a prison ofcer to be searched by a prison ofcer senior in rank to such ofcer.

23.

(1) Every prison ofcer inquiring into a disciplinary offence Powers of ofcers holding disciplinary alleged to have been committed by a prison ofcer shall have power to inquiries.

summon and examine witnesses on oath or afrmation and to require the production of all documents relevant to such inquiry and to adjourn Rev.

2009] Prisons CAP.

90 13 any hearing from time to time.

(2) Any person summoned as a witness under subsection (1) of this section who fails to attend at the time and place mentioned in the summons or on adjournment, or refuses to answer any question lawfully put to him shall be guilty of an offence and liable to a ne not exceeding three hundred shillings or to imprisonment for a term not exceeding one month: Provided that no witness shall be obliged to answer any question which may tend to incriminate him or render him liable to any forfeiture or penalty.

(3) Any prison ofcer inquiring into a disciplinary offence under this section may order payment on the part of Government of the reasonable expenses of any witness attending before him as though such witness were attending a subordinate court for the purposes of a trial under the Criminal Procedure Code; and such order shall be made Cap.

75.

subject to any rules made under section 394 of the said Code, mutatis mutandis.

Pa rt ves ta blIshmentand Co ntrolof Pr Isons * 24.

(1) The Minister may, by notice in the Gazette, declare any Declaration of building, enclosure or place, or any part thereof, to be a prison for the prisons.

purposes of this Act, and may, in a like manner, declare that any prison shall cease to be a prison for the purposes of this Act.

(2) Every prison shall include the grounds and buildings within the prison enclosure and also any other grounds or buildings belonging or attached thereto and used by prisoners or the staff of the prison.

(3) In any writ, warrant or other legal instrument in which it may be necessary to describe a particular prison, any description designating a prison by reference to the name of the place or town where it is situated, or other denite description, shall be valid and sufcient for all purposes.

25.

Whenever Temporary prisons.

(a) it appears to the Commissioner that the number of prisoners in any prison is greater than can be conveniently kept therein and that it is not convenient to transfer the excess number to some other prison; or * Power delegated to the Permanent Secretary of the Ministry, by L.N.

692/1963.

CAP.

90 14 Prisons [Rev.

2009 (b) owing to the outbreak of epidemic disease within a prison or for any other reason, it is desirable to provide for temporary shelter or safe custody of any prisoners, such provision shall be made as the Commissioner, with the approval of the Minister, may direct for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison, and every such temporary prison shall be deemed to be a prison for the purposes of this Act.

26.

(1) In every prison there shall be an ofcer in charge of the Ofcers in charge.

prison, who shall be designated the ofcer in charge.

(2) Where an administrative ofcer has been appointed to be an ofcer in charge of a prison, he shall, in relation to the prison, be subject to the orders and directions of the Commissioner, and shall, subject to any express limitations which may be imposed on him by the Commissioner in writing, have all the powers conferred by law upon an ofcer in charge.

(3) Every ofcer in charge shall supervise and control all matters in connection with the prison to which he is appointed, and shall keep or cause to be kept such records as the Commissioner may from time to time direct and shall be responsible to the Commissioner for the conduct and treatment of prison ofcers and prisoners under his control, and for the due observance by prison ofcers and prisoners of the provisions of this Act and of all rules, directions and orders made thereunder.

Appointment of 27.

(1) Where in any prison the number of prison ofcers detailed police ofcers to perform the duties of for duty therein is insufcient to secure the good management and government thereof, it shall be lawful for the ofcer in charge of such prison ofcers.

prison, with the consent of the Commissioner of Police, to employ temporarily such number of police ofcers as he may consider necessary to perform the duties of prison ofcers in such prison.

(2) Every police ofcer appointed in pursuance of subsection (1) of this section shall thereupon have all the powers, and perform in such prison all the duties, of a prison ofcer of the class to which the ofcer in charge shall appoint and, for the purposes of this Act, shall be deemed to be a prison ofcer.

(3) Where, on the removal of any prisoner from any prison, the staff of warders is insufcient to provide escort for such prisoner, it shall be lawful for the ofcer in charge of the prison from which the prisoner is to be removed to deliver the prisoner to any police ofcer who may be detailed for such duty, and thereupon such police ofcer shall have the same powers and be subject to the same responsibilities, Rev.

2009] Prisons CAP.

90 15 discipline and penalties and to the same authorities as a prison ofcer would have and be subject to in like circumstances.

28.

In any prison in which any female prisoner is imprisoned Women prison ofcers and female there shall be a woman prison ofcer who shall have the care and the prisoners.

superintendence of female prisoners, and who shall be responsible for their discipline.

29.

(1) There shall be a medical ofcer stationed in or responsible Medical ofcers.

for every prison.

(2) The medical ofcer shall be responsible for the health of all prisoners in a prison and shall cause all prisoners to be medically examined at such times as shall be prescribed.

(3) A medical ofcer may, whether or not a prisoner consents thereto, take or cause or direct to be taken such action (including the forcible feeding, inoculation, vaccination and any other treatment of the prisoner, whether of the like nature or otherwise) as he may consider necessary to safeguard or restore the health of the prisoner or to prevent the spread of disease.

(4) All actions of a medical ofcer, prison ofcer, medical orderly, or other person acting under subsection (3) of this section, or in pursuance of directions given thereunder, shall be lawful.

Pa rt vIad mIssIon , Co ntroland dI sChargeof Pr Isoners 30.

(1) Every prisoner conned in any prison shall be deemed to Prisoner in custody of ofcer in charge.

be in the lawful custody of the ofcer in charge of the prison.

(2) Every ofcer in charge shall keep and detain all persons duly committed to his custody by any court or other competent authority according to the terms of the warrant or order by which such person has been committed, or until such person is discharged by due course of law.

(3) A prisoner who is being removed or transferred from one prison to another shall, while outside the prison, be kept in the custody of the prison ofcer directed to convey him and shall be deemed to be in the lawful custody of the ofcer in charge of the prison at which such prison ofcer is serving.

(4) Subject to such conditions as may be prescribed, the infant child of a female prisoner may be received into prison with its mother and may be supplied with clothing and necessaries at public expense: CAP.

90 16 Prisons [Rev.

2009 Provided that such child shall only be permitted to remain in prison until it attains the age of four years or until arrangements for its proper care outside prison are concluded, whichever shall be the earlier.

Detention of remand 31.

(1) Every person remanded to any prison by any court or prisoners.

other competent authority, being a person charged with any crime or offence, shall be delivered to the ofcer in charge together with a warrant of commitment, and such ofcer in charge shall detain such person according to the terms of such warrant and shall cause such person to be delivered to such court or competent authority, or shall discharge such person at the time named, in and according to the terms of such warrant.

(2) (a) A probation ofcer may be authorized by a court to remove from prison custody any prisoner remanded into such custody, for the purpose of making inquiries at the direction of the court, and it shall be lawful for a prison ofcer to hand over custody of any such remand prisoner to a probation ofcer so authorized to remove him.

(b) In this subsection, probation ofcer means a probation Cap.64.

ofcer appointed under the Probation of Offenders Act.

Custody of persons 32.

Every person arrested in pursuance of any warrant or order of under arrest.

any court, if such court is not sitting, may be delivered to an ofcer in charge for custody and such ofcer in charge shall cause such person to be brought before the court at its next sitting.

Prisoners required as 33.

(1) Without prejudice to the provisions of section 148 of the witnesses.

Criminal Procedure Code, whenever the presence of any prisoner is Cap.

75.

required by any court, such court may issue an order addressed to the ofcer in charge requiring production before the court of the prisoner in proper custody at the time and place to be named in such order, and the ofcer in charge shall cause the prisoner named in such order to be brought up as directed, and shall provide for his safe custody during his absence from prison, and every such court may by endorsement on such order require the prisoner named therein to be again brought up at any time to which the matter wherein such prisoner is required may be adjourned.

(2) A prisoner taken from a prison in pursuance of an order made under this section shall, whilst outside the prison, be kept in such custody, including police custody, as the ofcer in charge may direct and whilst in that custody shall be deemed to be in lawful custody.

(3) Prisoners on remand or committal for trial, who are required to attend any court, may be taken for that purpose into police custody, at the prison to which they have been committed, and shall remain under Rev.

2009] Prisons CAP.

90 17 police supervision and guard until returned to the prison or discharged by the court.

34.

Every prisoner shall be subject to prison discipline and to Prisoners to be this Act and all rules, orders and directions made thereunder during the whole time of his imprisonment, whether he is or is not within the subject to prison precincts of any prison.

discipline.

35.

(1) A civil prisoner or an unconvicted person may be permitted Maintenance of to maintain himself and to purchase or receive from private sources, certain prisoners from private sources.

at proper hours, food, clothing or other necessaries, but subject to examination and to such other conditions as the Commissioner may direct.

(2) No food, clothing or other necessaries belonging to a civil prisoner or an unconvicted person shall be given, hired, loaned or sold to any other prisoner; and any prisoner or person contravening the provisions of this section shall be liable to lose the privilege of purchasing or receiving food, clothing or other necessaries from private sources for such time as the ofcer in charge may think proper.

(3) If a civil prisoner or an unconvicted person does not provide himself with food or clothing, or if such food or clothing is in the opinion of the ofcer in charge unsatisfactory, such prisoner or person shall receive the prescribed food and clothing.

36.

Male and female prisoners shall be conned in separate Female prisoners to prisons, or in separate parts of the same prison in such manner as to be kept apart.

prevent, as far as practicable, their seeing or conversing or holding any communication with each other.

37.

A prisoner may be removed from any prison to any other Prisoners may be prison from time to time at the Commissioners discretion.

removed to any prison.

38.

(1) Whenever a medical ofcer is of the opinion that any Removal of prisoners prisoner is of unsound mind, he may, by order under his hand in the form of unsound mind.

prescribed, direct that such prisoner be removed to any mental hospital in Kenya and be there detained, and such order shall be authority for the reception of the prisoner and for his detention in such mental hospital until removed or discharged as hereinafter provided.

(2) Where any prisoner removed to a mental hospital under subsection (1) of this section is, in the opinion of the person in charge of such mental hospital, no longer of unsound mind, the person in charge as aforesaid shall notify the ofcer in charge of the prison from which the prisoner was removed, and the prisoner shall then be delivered into the custody of the ofcer in charge of that prison if still liable to be CAP.

90 18 Prisons [Rev.

2009 conned in prison, and if not so liable, shall be released.

(3) Upon the expiration of the term of imprisonment to which he has been sentenced, the provisions of section 30 of the Mental Treatment Cap.248.

Act shall apply to any prisoner detained in a mental hospital under this section as if he were detained in accordance with a reception order made under Part VI of that Act.

(4) The period, during which the prisoner has been detained in a mental hospital under this section shall be reckoned as part of his term of imprisonment.

Removal of sick 39.

(1) In the case of the illness of a prisoner detained in a prison in prisoners to hospital.

which there is not suitable accommodation for such prisoner, the ofcer in charge, on the advice of the medical ofcer, may order his removal to a hospital, and in case of emergency such removal may be ordered by the ofcer in charge without the advice of the medical ofcer.

(2) Any prisoner who shall have been removed to a hospital under the provisions of this section shall be deemed to be under detention in the prison from which he was so removed.

(3) Whenever the medical ofcer in charge of a hospital considers that the health of a prisoner removed to that hospital under this section no longer requires his detention therein, he shall notify the ofcer in charge of the prison from which the prisoner was removed and the ofcer in charge of that prison shall thereupon cause such prisoner to be returned to the prison if he is still liable to be conned therein.

(4) Every reasonable precaution shall be taken by the medical ofcer in charge of a hospital and the persons employed therein to prevent the escape of any prisoner who may at any time be under treatment therein, and it shall be lawful for such ofcer and person to take such measures for the preventing of the escape of any such prisoner as may be necessary: Provided that nothing shall be done under the authority of this section which, in the opinion of the medical ofcer in charge of such hospital, is likely to be prejudicial to the health of such prisoner.

(5) The period during which the prisoner has been detained in a hospital under this section shall be reckoned as part of his term of imprisonment.

Measures for further 40.

Where in any case from the gravity of the offence for which security of prisoners any prisoner may be in detention or for any other reason the ofcer in in hospital.

charge considers it desirable to take special measures for the security Rev.

2009] Prisons CAP.

90 19 of such prisoner while under treatment in hospital, it shall be lawful for him to give such prisoner into the charge of t and proper persons, not being less than two in number, one of whom shall always be with such prisoner day and night, and such persons shall be vested with full power and authority to do all things necessary to prevent such prisoner from escaping and shall be answerable for his safe custody until such time as he is handed over to the ofcer in charge on his discharge from hospital or until such time as his sentence expires, whichever shall rst occur.

41.

(1) Where a medical ofcer reports to the Commissioner that Removal of leper prisoners to leper a prisoner is a leper, the Commissioner may, subject to the provisions of settlements.

subsection (2) of this section, by order in writing direct the removal of that prisoner to a leper settlement, there to be kept and treated until cured of his leprosy or until such time as he ceases to be liable to connement in prison, whichever shall be the earlier.

(2) No order shall be made by the Commissioner under subsection (1) of this section unless and until he has received notication in writing that the person in charge of the leper settlement to which he wishes to remove the leper prisoner is able and willing to receive such prisoner.

(3) So long as any prisoner who shall have been removed to a leper settlement under this section shall remain therein and remain liable to connement in prison, the person in charge thereof shall from time to time transmit to the ofcer in charge of the prison from which such prisoner was removed a certicate signed by him that it is in his opinion necessary that he should remain in such settlement.

(4) So soon as, in the opinion of the person in charge of a leper settlement, it is no longer necessary that a prisoner who has been removed to such settlement should remain therein, he shall transmit to the ofcer in charge of the prison whence the prisoner was removed, if such prisoner is still liable to connement in prison, a certicate stating that such necessity has ceased, and thereupon the ofcer in charge shall forthwith cause such prisoner to be returned to the prison; and, if not so liable, the prisoner shall be released.

(5) Every reasonable precaution shall be taken by the person in charge of a leper settlement and the other persons employed therein to prevent the escape of any prisoner who may at any time be under treatment therein, and it shall be lawful for such persons to take such measures for the preventing of the escape of any such prisoner as may be necessary: Provided that nothing shall be done under the authority of this section which, in the opinion of the person in charge of such settlement, is likely to be prejudicial to the health of such prisoner.

CAP.

90 20 Prisons [Rev.

2009 (6) For the purpose of this section, leper means a person suffering from active leprosy.

42.

If any prisoner escapes during such time as he is in any Prison ofcer not liable for escape of hospital, mental hospital or leper settlement, no prison ofcer shall be prisoners in hospital, held answerable therefore unless such prisoner has been in the personal etc.

custody of such ofcer, and no medical ofcer, person in charge of a leper settlement or other person shall be held answerable therefore unless it is shown that he has helped such prisoner to escape or has wilfully neglected to take reasonable precautions to prevent his escape.

Labour of prisoners.

43.

(1) Every prisoner under sentence of imprisonment with hard 3 of 1969, s.

8.

labour may be kept to labour, within or without the precincts of any prison, in such type of employment as the Commissioner may direct.

(2) Every prisoner under sentence of imprisonment may be required to engage in such type of employment approved by the Commissioner as the ofcer in charge may direct.

(3) A medical ofcer may order that a prisoner shall not be required to perform any labour, or any labour other than light labour, as the case may before such period as the physical and mental conditions of the prisoner may require.

Employment of 44.

(1) Civil prisoners and unconvicted persons shall be required unconvicted criminal to keep their cells, precincts of cells, furniture, clothing and utensils prisoners.

clean; other employment may be given them at their own request.

(2) Appellant prisoners shall be required to keep their cells, precincts of cells, furniture, clothing and utensils clean and to perform such labour as the Commissioner, with the approval of the Minister, may direct.

Release of prisoners.

45.

(1) The ofcer in charge shall be responsible for the due discharge of all prisoners immediately upon their becoming entitled to release.

(2) No prisoner under treatment by the medical ofcer shall be discharged from prison except at his own request until, in the opinion of the medical ofcer, such discharge can be effected without danger to the health of such prisoner.

(3) All prisoners shall be discharged before noon on the date on which they are entitled to be released, but should that date fall on a Sunday or a public holiday, they shall be released before noon on the day preceding that Sunday or public holiday.

Rev.

2009] Prisons CAP.

90 21 Pa rt vIIremIssIon of sentenCe 46.

(1) Convicted criminal prisoners sentenced to imprisonment, Remission of part of whether by one sentence or consecutive sentences, for a period exceeding sentence of certain one month, may by industry and good conduct earn a remission of one- prisoners.

third of their sentence or sentences: 21 of 1966, 2nd Sch., Provided that in no case shall L.N.

124/1964, 8 of 1968, Sch., (i) any remission granted result in the release of a prisoner L.N.59/1970, 10 of 1981, Sch., until he has served one calendar month; 18 of 1986, Sch.

(ii) any remission be granted to a prisoner sentenced to im- prisonment for life or for an offence under section 296(1) or 297(1) of the Penal Code or to be detained during the Cap.

63.

Presidents pleasure.

(2) For the purpose of giving effect to the provisions of subsection (1) of this section, each prisoner on admission shall be credited with the full amount of remission to which he would be entitled at the end of his sentence if he lost no remission of sentence.

(3) A prisoner may lose remission as a result of its forfeiture for an offence against prison discipline, and shall not earn any remission in respect of any period (a) spent in hospital through his own fault or while malingering; or (b) while undergoing connement as a punishment in a separate cell.

(3A) A prisoner may be deprived of remission (a) where the Commissioner considers that it is in the interests of the reformation and rehabilitation of the prisoner; (b) where the Minister for the time being responsible for internal security considers that it is in the interests of public security or public order.

(4) Notwithstanding the provisions of subsection (1) of this section, on the recommendation of the Commissioner, the Minister may grant a further remission on the grounds of exceptional merit, permanent ill-health or other special grounds.

CAP.

90 22 Prisons [Rev.

2009 (5) The Minister shall have power to restore forfeited remission in whole or in part.

Pa rt vIIICo mPulsory su PervIsIon or ders Compulsory 47.

(1) The Commissioner supervision orders.

(a) shall, in the case of a prisoner who, having been sentenced 8 of 1968, Sch.

to imprisonment on not less than two previous occasions, is serving a sentence of imprisonment for a term of or exceeding three years; and (b) may in the case of any other prisoner where he considers it necessary or desirable in the interests of the rehabilitation of that prisoner so to do, make an order, to be known as a compulsory supervision order, providing for the compulsory supervision of the prisoner for any period not exceeding one year.

(2) Every compulsory supervision order shall be made on or prior to the discharge of the prisoner in respect of whom it is made and shall be in such form and subject to such terms and conditions as may be prescribed.

(3) Where the Commissioner is satised that any prisoner in respect of whom a compulsory supervision order has been made has, during the continuance in force of the order, been convicted of any offence or has contravened or failed to comply with any of the terms or conditions of his order, the Commissioner may revoke the order and issue a certicate to that effect which shall contain a statement of the amount of remission earned by the prisoner under section 46 of this Act immediately before the making of the order, and such certicate shall be conclusive evidence of its contents.

(4) When any compulsory supervision order made under this section has been revoked the prisoner in respect of whom such order had been made shall, after undergoing any other punishment to which he has been sentenced, if any, undergo a term of imprisonment equal to a period of three months, or to the period of remission he had earned under section 46 of this Act, immediately before the making of the compulsory supervision order, whichever is the greater.

(5) Where a compulsory supervision order has been revoked by the Commissioner, a magistrate shall, on production to him of a certicate of such revocation signed by the Commissioner, issue a warrant for the arrest of the person in respect of whom the compulsory Rev.

2009] Prisons CAP.

90 23 supervision order had been made; and such person on being arrested shall be brought before that magistrate or any other magistrate having jurisdiction who, on being satised after proper inquiry that the person has been convicted of an offence or has contravened or failed to comply with any of the terms and conditions of his order, shall commit him to prison for the term provided in subsection (4) of this section.

(6) Notwithstanding the provisions of subsection (1) of this section, the Commissioner may at any time discharge a prisoner undergoing a term of imprisonment under subsection (4) of this section, and at the same time make a further compulsory supervision order in respect of such prisoner.

(7) The Commissioner may vary a compulsory supervision order, and if he considers that a person subject to a compulsory supervision order should be freed from all liability under this Act he may cancel the order, and the person shall thereupon be free from all such liability.

48.

(1) The President shall appoint a Board of Review, which shall Board of Review.

at prescribed intervals, or at such lesser intervals as circumstances may 21 of 1966, 2nd Sch., L.N.124/1964.

require, review the sentences of all prisoners serving sentences of or exceeding seven years, including prisoners sentenced to imprisonment for life or to be detained during the Presidents pleasure, and in each case shall tender advice to the President on the exercise of the prerogative of mercy.

(2) The Commissioner shall submit each month to the Board of Review a report on the general condition and conduct of every prisoner referred to in subsection (1) of this section who has during the previous month completed such period of his sentence as may be prescribed.

49.

(1) Within three months of the date upon which a prisoner Release on parole.

serving a sentence of or exceeding four years is due for release, the Commissioner may allow such prisoner to be absent from prison on parole for such length of time and upon such conditions as the Commissioner may specify.

(2) The Commissioner or an ofcer in charge may at any time recall a prisoner released on parole.

(3) Any prisoner who fails to return to prison in accordance with the conditions of his parole or when informed that he has been recalled under subsection (2) of this section may be arrested without warrant, and he shall be guilty of an offence and liable to the same punishment as if he had escaped from prison.

(4) A prisoner who, when released on parole, contravenes or CAP.

90 24 Prisons [Rev.

2009 fails to comply with the conditions imposed upon him shall be guilty of an offence and liable to imprisonment for a term not exceeding six months.

Pa rt IXoffenCes by Pr Isoners Prison offences.

50.

The Minister may prescribe what acts or omissions by prisoners shall be deemed to be prison offences and shall prescribe which of such offences shall be minor prison offences and which shall be aggravated prison offences.

Punishment of 51.

(1) An ofcer in charge, if he is a senior prison ofcer or an prisoners by ofcer in charge.

administrative ofcer, may punish any prisoner found after due inquiry by him to be guilty of a minor offence by awarding him one or more of the following punishments (a) connement in a separate cell on the prescribed punishment diet for a term not exceeding such period as may be prescribed; (b) forfeiture of remission not exceeding such amount as may be prescribed; (c) reduction in stage, or forfeiture of privileges, or postponement of promotion in stage, or forfeiture of all or part of earnings, or removal from any earnings, or removal from any earnings scheme, or reduction in earnings grade, for such period as may be prescribed.

(2) An ofcer in charge, if a subordinate prison ofcer, may punish any prisoner found after due inquiry by him to be guilty of a minor prison offence by awarding him one or more of the following punishments (a) connement in a separate cell on the prescribed punishment diet for a term not exceeding such period as may be prescribed; (b) reduction in stage, or forfeiture of all privileges, or postponement of promotion in stage, or forfeiture of all or part of earnings, or removal from any earnings scheme, or reduction in earnings grade, for such period as may be prescribed.

(3) An officer in charge, if a senior prison officer or an administrative ofcer, may punish any prisoner found after due inquiry by him to be guilty of an aggravated prison offence by awarding him Rev.

2009] Prisons CAP.

90 25 one or more of the following punishments (a) corporal punishment with a cane not exceeding such amount as may be prescribed; (b) connement in a separate cell on the prescribed punishment diet for a term not exceeding such period as may be prescribed; (c) forfeiture of remission not exceeding such amount as may be prescribed; (d) reduction in stage, or forfeiture of privileges, or postponement, of promotion in stage, or forfeiture of all or part of earnings, or removal from any earnings scheme, or reduction in earnings grade, for such period as may be prescribed.

52.

(1) The Commissioner may punish any prisoner found after Punishment of prisoners by the due inquiry by him to be guilty of a prison offence.

Commissioner.

(2) An officer in charge on finding a prisoner guilty of an aggravated prison offence may, if he is of the opinion that in the circumstances of the case or because of the prisoners character the powers of punishment he possesses are inadequate, transfer the case to the Commissioner for punishment.

(3) An officer in charge, if he transfers a case to the Commissioner under subsection (2) of this section, shall forward to the Commissioner (a) a copy of the charge; (b) the record of all the evidence he has taken, including the evidence of the prisoner; (c) the reasons why he has found the prisoner guilty; and (d) any representations the prisoner wishes to make to the Commissioner in regard to punishment.

(4) The Commissioner on receipt of a record forwarded to him under subsection (3) of this section may (a) punish the prisoner; or (b) reverse the ndings of the ofcer in charge and nd the prisoner not guilty; or CAP.

90 26 Prisons [Rev.

2009 (c) require the ofcer in charge to take further evidence and submit it to him prior to his making a decision.

(5) The Commissioner may award a prisoner one or more of the following punishments (a) corporal punishment not exceeding such amount as may be prescribed; (b) connement in a separate cell on the prescribed diet for such period as may be prescribed; (c) forfeiture of remission not exceeding such amount as may be prescribed; (d) reduction in stage, or forfeiture of privileges, or postponement of promotion in stage, or forfeiture of all or part of earnings, or removal from any earnings scheme, or reduction in earnings grade, for such period as may be prescribed.

(6) In this section and in section 51 of this Act, reduction in stage and postponement of promotion in stage mean the removal of a prisoner to a lower stage and the postponement of promotion to a higher stage, respectively, in the prescribed progressive stage system.

Prisoners defence.

53.

No prisoner shall be punished for a prison offence until he has had an opportunity of hearing the charge against him and making his defence.

Medical examination 54.

(1) No prisoner shall be subjected to punishment diet or before punishment.

corporal punishment until certied as medically t to undergo it by a medical ofcer or other person appointed for such purpose by the medical ofcer.

(2) Punishment diet shall not be combined with labour.

Corporal punishment.

55.

(1) Where corporal punishment is awarded the number of 27 of 1971, Sch.

strokes shall be limited to a maximum of ten strokes in the case of persons of or under the apparent age of sixteen years, and in all other cases to eighteen strokes, and shall be inicted with such type of cane as may be prescribed.

(2) Every sentence of corporal punishment imposed upon a prisoner by an ofcer in charge shall be subject to conrmation by the Commissioner, who may increase or reduce the number of strokes ordered to be inicted, or may substitute any other punishment or Rev.

2009] Prisons CAP.

90 27 punishments he is authorized by this Act to award.

(3) No sentence of corporal punishment shall be carried out until a period of twenty-four hours has elapsed from the time of the order thereof nor until a medical ofcer has certied that the offender is physically t to undergo such punishment.

(4) A medical ofcer may give such orders for the prevention of injury to the health of the offender ordered to receive corporal punishment as he may deem necessary, and such orders shall be carried out before the punishment is inicted; and if, during the course of the iniction of such punishment, the medical ofcer shall order it to be discontinued, it shall be discontinued accordingly.

(5) Corporal punishment shall not be inicted upon any female prisoner, nor upon male prisoners under sentence of death, nor upon any civil prisoner.

56.

Whenever it appears to the ofcer in charge that it is desirable Segregation of for the good order and discipline of the prison for a prisoner to be prisoner.

segregated and not to work nor to be associated with other prisoners, it shall be lawful for such ofcer to order the segregation of such prisoner for such period as may be considered necessary.

57.

The ofcer in charge shall cause to be entered in a register, Register of which shall be open to the inspection of the visiting justices, a record punishment.

of all punishments imposed upon prisoners, showing in respect of each prisoner punished, his name, the nature of his offence, and the extent of his punishment.

Pa rt XoffenCes In relatIon to Pr Isoners 58.

Any person without lawful authority who Trafcking.

(a) conveys, supplies or causes to be supplied or conveyed to any prisoner, whether within or without a prison, or hides or places for the use of any prisoner, any letter or document, or any intoxicating liquor, tobacco, bhang or hemp, drug, opiate, money, clothing, provisions or any other articles whatsoever; or (b) brings or attempts to bring by any means whatever into any prison, or places or attempts to place where prisoners shall labour, any letter or document, or any intoxicating liquor, tobacco, bhang or hemp, drug, opiate, money, clothing or provisions; or CAP.

90 28 Prisons [Rev.

2009 (c) brings or attempts to bring out of any prison or conveys from any prison any letter or document; or (d) communicates with any prisoner without lawful authority, shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or to a ne not exceeding four thousand shillings, or to both such fine and such imprisonment.

Prohibited articles.

59.

(1) Any person who without lawful authority brings or introduces in any manner into a prison a prohibited article, or who without lawful authority takes out or removes from a prison a prohibited article, shall be guilty of an offence and liable to imprisonment for a term not exceeding six months or to a ne not exceeding two thousand shillings, or to both such ne and such imprisonment.

(2) For the purpose of this section, a prohibited article shall be any article contained in the list which shall be xed in a conspicuous place outside every prison and shall be signed by the Commissioner or by the ofcer in charge on his behalf and shall contain a list of articles which the Commissioner has decided shall be prohibited; and the list shall be written in English, Swahili and the language which the ofcer in charge considers to be the local vernacular.

Seizure of prohibited 60.

Whether or not any criminal or disciplinary proceedings are articles, etc.

commenced against any person any prison, ofcer may seize any article found to be unlawfully in a prison and the ofcer in charge may order its conscation and declare it to be forfeited.

Trespassing.

61.

(1) Any person who without lawful authority enters or remains within the boundaries of a prison or any place where prisoners are working shall be guilty of an offence and, if he refuses to leave when requested to do so, may be arrested without warrant by a prison ofcer or a police ofcer.

(2) Any person who, without authority from the Commissioner (a) takes a photograph of any prisoner; or (b) takes a photograph or makes a sketch, plan or other representation of any object or person within the precincts of a prison, shall be guilty of an offence.

(3) Any person who is guilty of an offence under this section shall Rev.

2009] Prisons CAP.

90 29 be liable to imprisonment for a term not exceeding three months or to a ne not exceeding ve hundred shillings, or to both such imprisonment and such ne.

62.

Any person who is found in possession of any article Unlawful possession of prison articles.

whatsoever which has been supplied to any prison ofcer for use on duty, or of any prison property, and who fails to account satisfactorily for the possession thereof, or who without lawful authority or excuse purchases or receives any such article or property from any prison ofcer, or who aids and abets any prison ofcer to sell or dispose of any such article or property, shall be guilty of an offence and liable to imprisonment for a term not exceeding six months or to a ne not exceeding two thousand shillings, or to both such imprisonment and such ne.

63.

(1) Any person who by any means directly or indirectly procures Incitement and abetting of or persuades, or attempts to procure or persuade, any prison ofcer to desert, or who aids, abets or is accessory to the desertion of any prison desertation, mutiny and sedition.

ofcer, or who, having reason to believe that any person is a deserter, harbours such deserter, or aids him to concealing himself, or assists in his rescue, shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or to a ne not exceeding four thousand shillings, or to both such imprisonment and such ne.

(2) Any person who directly or indirectly instigates, commands, counsels, or solicits any mutiny, sedition or disobedience to any lawful command of a prison ofcer to any other prison ofcer, or maliciously endeavors to seduce any prison ofcer from his allegiance or duty, shall be guilty of an offence and liable to imprisonment for a term not exceeding two years or to a ne not exceeding six thousand shillings, or to both such imprisonment and such ne.

64.

Any person who knowingly harbours in or about his house, Harbouring prisoners.

land or otherwise, or who knowingly employs any person under sentence of imprisonment and illegally at large, shall be guilty of an offence and liable to imprisonment for a term not exceeding two years or to a ne not exceeding six thousand shillings, or to both such imprisonment and such ne.

65.

Any person who commits any offence under this Act or any General penalty.

rules made thereunder shall, where no penalty is specially provided therefor, be liable to a ne not exceeding two thousand shillings or to imprisonment for a term not exceeding six months, or to both such ne and such imprisonment.

* Power delegated to the permanent Secretary of the Ministry, by L.N.

692/1963.

CAP.

90 30 Prisons [Rev.

2009 Pa rt XIyo uth Co rreCtIve tr aInIng Ce ntres Establishment of * youth corrective 66.

(1) The Minister may, by notice in the Gazette, declare any training centre.

building, enclosure or place, or any part thereof, to be a youth corrective training centre for the purposes of this Act, and may, in like manner, declare that any youth corrective training centre shall cease to be a youth corrective training centre for the purposes of this Act.

(2) No prisoner other than a person sentenced to corrective training in a youth corrective training centre under section 67 of this Act shall be detained in a youth corrective training centre.

(3) Subject to subsection (2) of this section, every youth corrective training centre shall be deemed to be a prison for the purposes of this Act.

Corrective 67.

(1) Notwithstanding the provisions of any other written law, training may be where a person, who has attained the apparent age of seventeen years ordered in certain but has not attained the apparent age of twenty-one years, is convicted circumstances.

of an offence not punishable with death, the court may sentence such 8 of 1963, s.

82, person to corrective training in a youth corrective training centre for a 23 of 1963, s.

53, period of four months: 10 of 1969, Sch.

Provided that no person shall be sentenced to corrective training in a youth corrective training centre (i) if he has previously been detained in prison, a detention Cap.

91.

camp as dened in the Detention Camps Act, an approved Cap.

141.

school as dened in the Children and Young Persons Act, Cap.

92.

or a borstal institution as dened in the Borstal Institu- tions Act; or (ii) if he has previously been sentenced to corrective training in a youth corrective training centre; or Cap.

470.

(iii) for failure to pay any tax or rate under the Personal Tax Act: Provided further that no person shall be sentenced to corrective training in a youth corrective training centre unless the court is satised that accommodation for such person is available in a youth corrective training centre.

(2) Every person sentenced to corrective training in a youth corrective training centre shall be deemed to be a prisoner for the purposes of this Act, including remission of sentence.

Rev.

2009] Prisons CAP.

90 31 Pa rt XIIeX tra mu ral Pe nal em Ployment 68.(Repealed by 10 of 1998 S.15.) Pa rt XIIImI sCellaneous 69.

When any person is sentenced to death, he shall be hanged by Manner of execution the neck until he is dead and the sentence shall be carried out in such of persons sentenced manner as the Commissioner shall direct.

to death.

70.

The Minister* may, from time to time, appoint by notice Appointment of in the Gazette ministers or priests of any religious faith to be prison prison ministers.

ministers.

71.

The Commissioner shall frame standing orders for the Standing orders guidance of such prison ministers who may receive such remuneration for the guidance of or reimbursement of their expenses as may be prescribed.

prison ministers.

* Appointment and 72.

(1) The Minister shall, from time to time, appoint by notice powers of visiting in the Gazette t and proper persons to be visiting justices for each prison.

justices.

(2) The District Commissioner, the resident magistrate and all administrative ofcers in any district in which a prison is situate shall be ex ofcio visiting justices of that prison.

(3) A visiting justice may at any time visit a prison in respect of which he is a visiting justice.

(4) A visiting justice may inspect the several wards, cells, yards, punishment cells and other apartments and divisions of the prison, inspect and test the quality and quantity of the prisoners food, hear the complaint, if any, of any prisoner, and question any prisoner or prison ofcer, and shall ascertain so far as possible whether this Act, and the rules made thereunder, and the prison standing orders, are adhered to, and shall call the attention of the ofcer in charge to any irregularity that may be observed in the working of the prison or in the treatment of any prisoner conned therein, and shall exercise and perform such other duties as may be prescribed.

(5) The visiting justices to any prison may appoint a chairman and may act as a Board of Visiting Justices and may, at the end of each year or at any other convenient time, render a report to the Minister on the state of the prison to which they are visiting justices.

73.

(1) A Minister or a judge may at any time visit any prison and Power of Ministers and judges.

exercise all or any of the powers of a visiting justice, and may enter any 10 of 1983, Sch.

CAP.

90 32 Prisons [Rev.

2009 observations he thinks t to make in reference to the condition of the prison and the prisoners, in a visitors book to be kept for that purpose by the ofcer in charge; the ofcer in charge shall inform the Commissioner of any observations so entered in the visitors book.

(2) (Deleted by 10 of 1983, Sch.) Power to make rules.

74.

(1) The Minister may make rules for the better carrying into 21 of 1966, effect of the provisions and purposes of this Act and, without prejudice 2nd Sch., to the generality of the foregoing, may make rules providing for L.N.

124/1964.

(a) the classication of prisons and prisoners into categories, and their separation accordingly; (b) the duties and responsibilities of prison ofcers, including the duties and responsibilities of particular classes of such ofcers; (c) the disciplinary control of prison ofcers; (d) the duties and powers of visiting justices; (e) the duties of medical ofcers; the medical inspection of prisons and prisoners; and the prevention of contagious diseases in prisons; (f) the safe custody, management, organization, hours, mode and kind of labour and employment, clothing, maintenance, instruction, discipline, treatment, restraint, correction and discharge of prisoners and the manner in which prison offences shall be tried; (g) the provision of a suitable diet and dietary scales, including punishment diet for prisoners and prescribing the conditions under which such diet and scale may be varied; (h) the construction, description, equipment and supervision of cells and wards; (i) the payment of prisoners for work done while in prison; (j) the establishment of a prisons rewards and nes fund and the method of administration of such fund by the Commissioner; (k) the establishment of prisoners aid associations and societies in connexion with discharged prisoners and the appointment Rev.

2009] Prisons CAP.

90 33 of ofcers responsible for the aftercare of prisoners; (l) the medical examination, measuring, photographing and taking of ngerprint impressions, footprints and casts thereof, palm prints or other records of prisoners, detained in any prison or otherwise detained in custody, including detailed personal statistics and histories, and for requiring full and truthful answers to all questions put to such persons with the object of obtaining such statistics and histories; and the person, if any, to whom such measurements, photographs, ngerprint impressions, footprints and casts thereof, palm prints or other records are to be sent or supplied; (m) the disposal of products of prison labour; (n) the disposal of prisoners property left unclaimed for a prescribed period, including its sale and the disposal of the proceeds of such sale; (o) the manner in which the remission of sentences, including any period of public work under Part XII of this Act, shall be calculated; (p) the manner in which petitions by prisoners to the President shall be presented; (q) suitable diet and dietary scales or ration allowances for persons employed on public work under Part XII of this Act; (r) anything which by this Act may or is required to be prescribed, and generally for the good management and government of prisons and the prisoners therein whether in, about or beyond the limits of such prisons.

(2) Notwithstanding anything to the contrary in this section contained, the Minister may make different rules in respect of different classes, categories or groups of prisons, prisoners or prison ofcers, or in respect of particular prisons.

CAP.

90 34 Prisons [Rev.

2009 [Subsidiary] SUBSIDIARY LEGISLATION Rules under section 20 (1) (c) L.N.

552/1963, THE PRISONS (PRISONS COUNCIL) RULES L.N.

308/1964.

1.

These Rules may be cited as the Prisons (Prisons Council) Rules.

2.

There is hereby established a Council, to be known as the Prisons Council (hereinafter referred to as the Council), consisting of eight members, of whom four shall represent the Government, and shall be known as the Ofcial Side, and four shall represent the Kenya Prisons Representative Association, and shall be known as the Staff Side.

3.

(1) The members of the Council shall be (a) as to the Ofcial Side (i) the Permanent Secretary of the Ministry, or a person deputed by him, who shall be chairman of the Council; (ii) the Director of Personnel or his deputy; (iii) one person appointed by the Minister for the time being re- sponsible for nance; (iv) one person appointed by the Minister; (b) as to the Staff Side (i) a person appointed by the Kenya Prisons Representative Associa- tion, who shall be vice-chairman of the Council; (ii) three persons appointed by the Kenya Prisons Representative Association.

(2) It shall be open to the Ofcial Side and the Staff Side to vary the membership of the Council at any time.

4.

The function of the Council shall be to consider all questions affecting the welfare and efciency of the Service, including pay, pensions and terms and conditions of service, which are referred to it by the Ofcial Side or the Staff Side to seek and reach agreement thereon: Provided that the Council shall not consider any question of discipline and promotion concerning an individual ofcer of the Service, except in a case where the principle underlying the question is in dispute.

5.

(1) Ordinary meetings of the Council shall be held not less than twice per year.

Rev.

2009] Prisons CAP.

90 35 [Subsidiary] (2) A special meeting of the Council may be convened by the chairman and the vice-chairman whenever they consider it necessary, after giving fourteen days notice to the members of the Council.

(3) The quorum of the Council shall be three members of each side of the Council.

(4) Subject to these Rules the Council shall regulate its own proceedings.

6.

(1) The Council may at any time appoint a subcommittee and delegate the subcommittee its functions in respect of any particular case or matter.

(2) If the Ofcial Side and the Staff Side so agree, membership of the subcommittee shall not be restricted to members of the Council.

(3) The subcommittee may co-opt any person to attend meetings whose knowledge and experience of a particular matter may be of assistance to the subcommittee.

(4) The chairman and vice-chairman shall direct the manner and extent to which any co-opted member may participate in the meetings of the subcommittee.

7.

(1) Minutes shall be kept of all meetings of the Council and subcommittee unless the terms of reference of a subcommittee allow an agreed report to be submitted in lieu of Minutes.

(2) Minutes of all meetings of the Council shall be treated as condential and shall not be published outside the Prisons Service.

8.

The decisions of the Council shall be made between the Ofcial Side and the Staff Side and shall be reported to Government and shall thereupon become operative.

9.

In the event of deadlock being reached on any question before the Council, either side shall have the right to refer the matter to arbitration in accordance with the Schedule to these Rules.

10.

(1) The Ofcial Side shall bear its own expenses.

(2) The Staff Side shall be responsible for expenses incurred in matters falling outside Appendix XXXIV of Prisons Standing Orders.

(3) The cost of payment of an Arbitration Tribunal shall be in accordance with the Rules applicable to arbitration on matters affecting disputes, outside the Civil Service.

CAP.

90 36 Prisons [Rev.

2009 [Subsidiary] SCHEDULE (r.

9) Pr ovIsIonsasto ar bItratIon1.

Failing agreement by negotiation, arbitration shall be open to the Ofcial Side on the one hand and to the Staff Side on the other hand, on application by either party, in regard to certain matters affecting conditions of service, subject to the limitations and conditions hereinafter dened.

2.

Where the parties are unable to reach agreement on any claim falling within the limitations set out in this Schedule, either party may refer to arbitration, in accordance with this Schedule, subject to the right of Government to refuse reference to arbitration of any dispute on grounds which the Government has declared to be matter of public policy.

3.

Disputes relating to salaries in excess of the maximum of the Governments P.G.

1 Scale for the time being in force shall not be referable except with the agreement of both parties.

4.

Disputes relating to individual ofcers or to the salary scales allotted to particular duties shall not be referable.

5.

Disputes affecting emoluments, weekly hours of work and leave of any or all classes of ofcers shall otherwise be referable.

6.

In this Schedule, emoluments includes pay and allowances of the nature of pay, bonus, overtime rates, subsistence rates and travelling and lodging allowances, and class means any well-dened category of ofcer who, for the purpose of a particular claim, occupy the same position or have a common interest in the claim.

7.

After an award has been made by an Arbitration Tribunal under this Schedule, a dispute involving substantially the same issues shall not again be referable within a further period of twelve months from the effective date of the award.

8.

(1) The Ofcial Side and the Staff Side shall forthwith each inform the Minister of the names of not less than three nor more than ve persons, the appointment of whom as members of arbitration tribunals would be acceptable to them.

(2) Such persons shall be persons of standing who are not themselves servants of any East African Government or Administration or ofcers or members of an association of employees of one of those Governments or Administrations or members of the National Assembly.

(3) Both sides shall thereafter keep the Minister informed of any necessary amendments to these panels of names.

Cap.

49.

9.

The Arbitration Act shall not apply to any reference under this Schedule.

Rev.

2009] Prisons CAP.

90 37 [Subsidiary] 10.

A dispute within the limits dened in this Schedule may be reported by either party to the Minister for reference to an Arbitration Tribunal.

11.

On receiving such a report the Minister shall, having conrmed that the Government does not object to arbitration on grounds of public policy, propose to both parties the name or names of one or more persons whom he considers to be suitable for appointment as chairman of an Arbitration Tribunal, and he shall thereafter negotiate as may be necessary with both parties until agreement is reached on a recommendation to be made by him to the President for an appointment of a chairman acceptable to both parties.

12.

The Minister shall, at the same time, select one name from each of the panels of names submitted in accordance with paragraph 8 of this Schedule, and, having conrmed that both persons will be available for the purpose, appoint them as members of a tribunal.

13.

Where on any reference the members of the Tribunal are unable to agree as to their award, the matter shall be decided by the chairman.

14.

The appointments of the chairman and members of the Tribunal shall lapse on presentation of their award, except in so far as the Tribunal may be requested to decide any question arising as to the interpretation of the award.

15.

An endeavour shall be made by both parties to a dispute to agree the terms of reference or the terms of the remit to the Tribunal, but where this is not practicable the respective statements of case shall be set out, and these together will constitute the terms of reference or of remit.

16.

Neither party shall be represented before a Tribunal except by a civil servant, or in the case of the Staff Side by a bona de salaried ofcial or member of the Kenya Prisons Service Representative Association, but the Tribunal, should it so desire, may allow more than one representative to speak.

17.

Arrangements shall be made to secure that, wherever possible, under normal conditions claims are heard within one calendar month of the date on which a dispute is referred to a tribunal.

18.

The following rules of procedure of an Arbitration Tribunal shall apply, subject to the general jurisdiction of the Tribunal to regulate its own procedure as it thinks t (a) the Tribunal shall give the parties at least fourteen days notice of the date of hearing; (b) the parties to the reference shall supply to the Tribunal in writing six copies of the statement of their case not later than seven days before the date of hearing; (c) when the copies of the statement of case from parties have been lodged with the Tribunal, a copy shall be sent by the Tribunal to the other side before the date of hearing; CAP.

90 38 Prisons [Rev.

2009 [Subsidiary] (d) the statement of case shall contain the following particulars (i) the class or classes concerned, and the number of ofcers in such class or classes; (ii) the nature of the claim, stating whether in respect of emoluments (in pay, allowances of the nature of pay, bonus, overtime rates, subsistence rates, travelling and lodging allowances), weekly hours of work or leave; (iii) where the claim is in respect of emoluments, the present remuneration and bonus (if any) and allowances (if any); (iv) where the claim is in respect of weekly hours of work or leave, the existing weekly hours of work or leave; (v) the grounds in support of or in opposition to the claim; (vi) where reference is made to any document or documents, copies or extracts thereof, if possible; (vii) the names and status of the representative or representatives who will appear before the courts; (e) the statement of case shall contain all submissions, upon which the party relies in support of or in opposition to the claim, as the case may be; (f) the Tribunal may require parties at the hearing to read their statements of case; (g) evidence, either oral or in writing, and observations in support of or in opposition to the claim shall be referable to the submissions contained in the statement of case of any party to the reference; (h) where any party desires that a case should be adjourned from the date xed to a later date, a consent to such adjournment signed by all parties shall be sent to the Tribunal, and the Tribunal, if good reason is shown, shall thereupon sanction the adjournment; and, if joint consent cannot be obtained, application may be made to the Tribunal by the party desiring the adjournment.

Rev.

2009] Prisons CAP.

90 39 [Subsidiary] Places declared to be prisons for the purposes of the Act under section 24 naI robI ar ea Nairobi Remand and Allocation.

G.N.

8/1911.

Nairobi Short Sentence.

G.N.

222/1947.

Nairobi West.

L.N.

118/1967.

Langata Womens.

G.N.

1132/1954.

Central ProvInCe Kiambu District G.N.

355/1955.

Kamiti Main.

G.N.

355/1955.

Kamiti Medium Security.

L.N.

314/1965.

Kamiti Short Sentence.

L.N.

100/1963.

Kamiti Youth Corrective Training Centre.

L.N.

721/1961.

Kiambu.

G.N.

1134/1954.

Thika.

L.N.

163/1970.

Gatundu Remand.

L.N.760/1963.

Limuru Remand.

L.N.760/1963.

Ruiru.

L.N.113/1975.

Muranga District Muranga Main.

L.N.

721/1961.

Muranga Short Sentence.

L.N.

208/1966.

L.N.

304/1965.

Maranjau.

L.N.

199/1973.

Kirinyaga District Kerugoya.

L.N.

180/1970.

Mwea.

L.N.

238/1958.

Nyeri District L.N.

284/1969.

Nyeri Main.

G.N.

1990/1953.

Nyeri Womens.

L.N.

760/1963.

Nyeri Medium Security.

L.N.

760/1963.

Nyandarua District Thomsons Falls.

G.N.

1069/1952.

eastern ProvI nCe Embu District Embu.

L.N.

721/1961.

CAP.

90 40 Prisons [Rev.

2009 [Subsidiary] Meru District L.N.

721/1961.

Meru.

L.N.

170/1965.

Meru Womens.

L.N.

310/1968.

Uruku.

Machakos District G.N.

397 /1928.

Machakos.

Kitui District G.N.

262 /1927.

Kitui.

Isiolo District G.N.

77/1947.

Isiolo.

Marsabit District G.N.

409/1931.

Marsabit.

G.N.

1033/1946.

Moyale.

nort h -eastern Pr ovInCe Garissa District G.N.

1082/1945.

Garissa.

Wajir District G.N.

1082/1945.

Wajir.

Mandera District G.N.

1082/1945.

Mandera.

Coast ProvInCe Mombasa District G.N.

834/1953.

Shimo la Tewa Main.

G.N.

834/1953.

Shimo la Tewa Womens.

L.N.

109/1962.

Shimo la Tewa Annexe.

L.N.

320/1965.

Shimo la Tewa Borstal Institution.

G.N.

633/1935.

Kwale District Kwale.

Kili District L.N.

721/1961.

Kili.

L.N.

721/1961.

Malindi.

L.N.

109/1971.

Malindi Annexe Rev.

2009] Prisons CAP.

90 41 [Subsidiary] Kaloleni Remand.

L.N.

370/1958.

Lamu District Lamu.

G.N.1690/1954.

Tana River District Hola.

L.N.519/1959.

Kipini.

L.N.

45/1972, Taita/Taveta District L.N.

350/1968.

Manyani.

L.N.

363/1958, L.N.

209/1966, L.N.

46/1972.

Wundanyi.

G.N.

1136/1952.

Voi.

G.N.

697/1955.

Taveta.

L.N.

760/1963.

nyanza ProvInCe Kisumu District Kisumu Main.

L.N.

721/1961.

Kisumu Womens.

L.N.

721/1961.

Kibos.

L.N.

297/1968.

South Nyanza District Homa Bay.

L.N.

118/1961.

Kisii District Kisii.

L.N.

721/1961.

western ProvInCe Kakamega District Kakamega.

Kakamega Women.

G.N.

564/1931.

Shikusa Short Sentence.

G.N.

564/1931.

Shikusa Borstal Institution.

G.N.1283/1951.

Bungoma District L.N.

617/1963.

Bungoma.

Busia District L.N.

118/1966.

Nil.

rIft valley Pr ovInCe CAP.

90 42 Prisons [Rev.

2009 [Subsidiary] Nakuru District L.N.

188/1969.

Naivasha Maximum.

L.N.

89/1969.

Naivasha Short Sentence.

L.N.371/1961.

Nakuru.

L.N.371/1961.

Nakuru Women.

Uashin Gishu District L.N.

371/1961.

Eldoret.

L.N.

371 /1961.

Eldoret Women.

L.N.

50/1971.

Ngeria.

Trans Nzoia District G.N.

359/1943.

Kitale Farm.

L.N.721/1961.

Kitale Remand.

West Pokot District L.N.

103/1969.

Kapenguria.

L.N.760/1963.

Sigor.

Narok District G.N.1184/1954.

Narok.

Nandi District L.N.

721/1961.

Kapsabet.

Turkana District L.N.

1020/1952.

Lodwar.

Kericho District L.N.

721/1961.

Kericho.

L.N.

313 /1965.

Kericho Short Sentence.

Kajiado District L.N.

97/1970.

Kajiado Remand.

L.N.

264/1958.

Athi River.

Samburu District L.N.

258/1968.

Maralal.

G.N.

266/1954.

Laikipia District Nanyuki Rev.

2009] Prisons CAP.

90 43 [Subsidiary] Places declared to be youth corrective training centres for the purposes of the Act under section 66 The vagrants camp at Nairobi Prison (Kamiti), Nairobi Area.

Rules under section 74 THE PRISON RULES L.N.

100/1963.

ARRANGEMENT OF RULES Pa rt IPr elImInary Rule 1Citation.

2Interpretation.

3Manner in which Rules shall be applied.

Pa rt IIClassIfICatIon of Pr Isonsand Pr Isoners 4Classes of prisons.

5Classication of prisoners.

6Reception Boards.

7Transfer of prisoners between classes.

8Institution of other classes.

9Progressive stage system.

10First stage.

11Second stage.

12Third stage.

13Fourth stage.

14Special stage.

15Reduction to lower stage.

16Uniforms for different stages.

17Stage privileges.

18Further privileges.

19Earnings scheme.

20Rate of earnings.

21Use of earnings.

Pa rt IIIme dICal of fICersandthe he a lt hof Pr Isoners 22Prison inrmaries.

23Power of medical ofcer to delegate.

24Medical ofcer to attend regularly.

25Examination of prisoners.

26Frequency of medical examinations and inspections.

27Medical ofcer to advice on removal of prisoners.

28Mental condition of prisoners.

29Spread of disease.

30Books to be kept.

31Vaccination.

CAP.

90 44 Prisons [Rev.

2009 [Subsidiary] Rule Pa rt IvaC Commod at Ion In and ge neral ma nagementof Pr Isons 32Sleeping accommodation.

33Cleanliness of prisons.

34Punishment cells.

35Search on admission.

36Manner of search.

37Prisoners property.

38Recording of particulars.

39Fingerprints.

40Photographs.

41Baths.

42Medical examination on admission.

43Information for prisoners to be provided in cells or wards.

44Ofcer in charge to ensure that information is understood.

Pa rt vtreatment of Pr Isoners 45Use of force.

46Clothing.

47Bedding.

48Cleanliness of clothes and bedding.

49Food.

50Restrictions on alcohol and tobacco.

51Prisoners hair.

52Exercise.

53Visits and letters.

54Transfer of prisoner to enable him to be visited.

55Postponement of privileges of letters and visits.

56Visits to sick prisoners.

57Conditions relating to visits.

58Letters to be read.

59Visits by advocates and diplomatic representatives.

60Visits and letters of debtors.

61Visits by police ofcers and process servers.

62Religion and religious instruction.

63Education.

64Prison visitors.

65Petitions and complaints.

Pa rt vIdIsCIPlIne of Pr Isoners 66Minor prison offences.

67Aggravated prison offences.

68Inquiry into prison offences.

69Punishment of minor prison offence by subordinate prison ofcer.

70Transfer of case to senior prison ofcer.

71Punishment of minor prison offence by senior prison ofcer.

72Punishment of aggravated prison offence by senior prison ofcer.

73Transfer of case to Commissioner.

74Punishment by Commissioner.

Rev.

2009] Prisons CAP.

90 45 [Subsidiary] Rule 75Clothing and bedding during punishment.

76Connement in punishment cell.

77Corporal punishment.

78Deleted.

79Forfeiture of remission.

80Punishment book to be kept.

81Ordinary law not affected.

82Mechanical restraint of prisoners.

83Prevention of escapes.

84Action on report of escape.

85Treatment of escapees.

86Employment of prisoners.

87Work of unt prisoners.

88Work of female prisoners.

89House of work.

90Record of work.

91Holidays.

Pa rt vIIPe rIodand re mIssIonof se ntenCe , In CludIng re lease un der su PervIsIon 92Length of imprisonment where prisoner sentenced to more than one term of imprisonment.

93Calculation of dates in relation to imprisonment.

94Ofcer in charge responsible for due release of prisoners.

95Calculation of remission.

96Remission system to be explained to prisoners.

97Records of remission to be kept.

98Review of sentences.

99Form of compulsory supervision order.

100Parole licence.

Pa rt vIIItreatment of sP eCIal Cl assesof Pr Isoners 101Appellant prisoners.

102Unconvicted prisoners.

103Prisoners under sentence of death.

104Access to prisoners under sentence of death.

105Execution of prisoners sentenced to death.

Pa rt IXvIsItIng JustICes andthe af ter -Careof Pr Isoners 106Visiting justices to visit prisons.

107Ofcers who are to accompany visiting justices.

108Visiting justice to hear complaints.

109Minute book to be kept.

110Visiting justice to call attention to irregularities.

111Boards of visiting justices.

112Discharge board.

113Fares for discharged prisoners.

CAP.

90 46 Prisons [Rev.

2009 [Subsidiary] Rule Pa rt XeX tra mu ral Pe nal em Ployment 114Medical examination and documentation of persons ordered to perform public work.

115Records to be kept.

116Persons to perform public work.

117Admission to hospital.

118Deleted.

Pa rt XICo mPosItIonofthe se rvICeand Co ndItIonsof se rvICeof Pr Ison offI Cersand th eIr dIsCIPlIne 119Appointment, promotion of ofcers.

120Delegation of powers in respect of subordinate prison ofcers.

121Declaration on enlistment.

122Prolongation of service in case of war, etc.

123Removal of subordinate prison ofcers.

124Offences by prison ofcers.

125Offences by ofcers of or above rank of Assistant Superintendent.

126Offences by ofcers below rank of Assistant Superintendent.

127Appeals against dismissal.

128Appeal to Commissioner.

129No pay during absence without leave or imprisonment.

130Dismissal on conviction of criminal offence.

131Interdiction or suspension.

132Fines.

133Power to summon witness.

Pa rt XIIdutIes of Pr Ison of fICers 134General duty of prison ofcers and penalties.

135Books, etc., to be kept by ofcer in charge.

136Duties of ofcer in charge as to visits.

137Duties of ofcer in charge as to health.

138Duties of ofcer in charge as to custody.

139Ofcer in charge to interview prisoners.

140Petitions to be forwarded.

141Absence of ofcer in charge.

142Chief ofcer or principal ofcer.

143Journal and records to be kept by chief ofcer or principal ofcer and books in his custody.

144Special duties of chief ofcer or principal ofcer.

145Duties of chief ofcer or principal ofcer as to sick prisoners.

146Absence of chief ofcer or principal ofcer.

147Relief of subordinate ofcer from duty.

148Duties of gatekeeper.

149Living quarters of prison ofcers.

150Illness of prison ofcer.

151Prison ofcer not to leave prisoners when outside prison.

152Checking of keys.

153Duties on handing over.

154Information to be given to superior ofcers.

Rev.

2009] Prisons CAP.

90 47 [Subsidiary] Rule 155Counting of prisoners.

156Prison ofcers not to enter cells or wards at night alone.

157Prison ofcers to report cases of illness.

158Prison ofcers not to be absent from prison during working hours.

159Prison ofcers visitors.

160Uniforms to be delivered up.

161Disposal of forfeited pay and nes.

sC hedules THE PRISONS RULES L.N.

60/1963, L.N.

715/1963, L.N.

309/1964, Pa rt IPr elImInaryL.N.

214/1966, L.N.

166/1968, L.N.

131/1969, L.N.

371/1991.

L.N.

540/1997.

1.

These Rules may be cited as the Prisons Rules.

Citation.

2.

In these Rules, except where the context otherwise requires Interpretation.

long sentence prisoner means a prisoner who is sentenced to imprisonment for a period exceeding six months or for consecutive periods the total of which exceeds six months; short sentence prisoner means a prisoner who is sentenced to imprisonment for a period of six months or to corrective training for a period of four months or less in a Youth Corrective Training Centre.

3.

These Rules shall be applied, due allowance being made for differences Manner in which in character and amenability to discipline of various types of prisoners, in Rules shall be accordance with the following principles applied.

(a) discipline and order shall be maintained with fairness but rmness, and with no more restriction than is required for safe custody and to ensure a well-ordered community life; (b) in the control of prisoners, prison ofcers should seek to inuence them, through their own example and leadership, so as to enlist their willing co-operation; and (c) at all times the treatment of convicted prisoners shall be such as to encourage their self-respect and sense of personal responsibility, so as to rebuild their morale, to inculcate in them the habit of good citizenship and hard work, to encourage them to lead a good and useful life on discharge and to t them to do so.

CAP.

90 48 Prisons [Rev.

2009 [Subsidiary] Pa rt IIClassIfICatIon of Pr Isonsand Pr Isoners Classes of prison.

4.

The Commissioner may set aside prisons or parts of prison for the detention of particular classes of prisoners.

5.

(1) With a view of facilitating the training of prisoners and of Classication of prisoners.

minimizing the danger of contamination, prisoners shall be classied having regard to their age, character and previous history in the following classes (a) Young Prisoner Class, which shall consist of convicted criminal prisoners under the apparent age of seventeen years, or young convicted criminal prisoners of whatever age who in the opinion of the ofcer in charge should not, having regard to their age and character, be classed with adult prisoners; (b) Star Class, which shall consist of convicted criminal prisoners not being in the Young Prisoner Class who are rst offenders or well behaved prisoners and who the ofcer in charge is satised have no vicious tendencies or habits; (c) Ordinary Class, which shall consist of all convicted criminal prisoners who are not in the Young Prisoner Class or Star Class; (d) Unconvicted Class, which shall consist of all debtors, persons on remand or awaiting trial, vagrants, civil lunatics or persons detained for safe custody or for want of sureties, who have not been convicted.

(2) Arrangements shall be made at all prisons to provide, as far as practicable, for effectively segregating the various classes of prisoners from each other at all times.

Reception Boards.

6.

(1) At every prison there shall be a Reception Board consisting of the ofcer in charge and such other persons as the Commissioner may determine, who shall interview every long sentence prisoner as soon as possible after his reception in prison and consider what arrangements are to be made for his training.

(2) The Reception Board shall, as soon as possible after reception, classify all prisoners sentenced to imprisonment, having regard to their age, character and previous history.

Transfer of prisoners 7.

(1) The ofcer in charge may in his discretion at any time remove between classes.

from the Young Prisoner Class a prisoner of seventeen years of age or over whom he regards as unsuitable by character for that class, and may place him in the Star Class.

(2) The ofcer in charge may in his discretion at any time remove from the Star Class to the Ordinary Class a prisoner whose character has shown him Rev.

2009] Prisons CAP.

90 49 [Subsidiary] to be unt to associate with other prisoners of the Star Class.

(3) The Commissioner may require each class of convicted criminal prisoner to wear a distinguishing badge or uniform.

8.

The Commissioner may institute such other classes as may in his Institution of other opinion be necessary for improving the method of classication, and he may classes.

in his discretion authorize in particular cases, or at particular prisons, departure from rule 7 of these Rules.

9.

(1) All convicted criminal prisoners shall serve their sentences in Progressive stage accordance with the progressive stage system prescribed by these Rules.

system.

(2) For the purposes of the progressive stage system, the length of a prisoners sentence shall be deemed to be the total of all consecutive or overlapping sentences.

10.

(1) All short sentence prisoners shall be and remain in the rst stage for First stage.

the whole of their sentence, and shall be employed at ordinary or light labour.

(2) If they are of good conduct and industry, prisoners in the rst stage shall participate in the earnings scheme.

11.

(1) On admission to prison, a long sentence prisoner shall be placed Second stage.

in the second stage and shall remain therein for three months, and shall not be promoted to the third stage until he has served for not less than one month without being found guilty of a prison offence.

(2) Prisoners in the second stage shall be employed at ordinary or light labour and, if they are of good conduct and industry, shall participate in the earnings scheme.

12.

(1) A long sentence prisoner, after serving three months in the second Third stage.

stage or such longer period as he may be required to serve therein, shall enter the third stage and shall remain therein for fteen months, and shall not be promoted to the fourth stage until he has served for not less than three months without being found guilty of a prison offence.

(2) Prisoners in the third stage shall be employed at ordinary or light labour or such other labour as the ofcer in charge may direct and, if they are of good conduct and industry to the satisfaction of the ofcer in charge, shall participate in the earnings scheme.

13.

(1) A long sentence prisoner, after serving fteen months in the third Fourth stage.

stage or such longer period as he may be required to serve therein, shall enter the fourth stage and shall remain therein for eighteen months, but shall not be promoted to the special stage until he has served for not less than six months without being found guilty of a prison offence.

(2) Prisoners in the fourth stage shall be employed at ordinary or light labour or such other labour as the ofcer in charge may direct and, if they are CAP.

90 50 Prisons [Rev.

2009 [Subsidiary] of good conduct and industry to the satisfaction of the ofcer in charge, shall participate in the earnings scheme.

Special stage.

14.

(1) A long sentence prisoner, after serving eighteen months in the fourth stage or such longer period as he may be required to serve therein, shall be eligible to enter the special stage.

(2) A prisoner in the special stage shall be known as an Honour Prisoner and shall be employed at such labour as the ofcer in charge may direct and if he is of good conduct and industry to the satisfaction of the ofcer in charge shall participate in the earnings scheme.

(3) A prisoner in the special stage whose conduct has been continuously excellent from the time of his entering the fourth stage shall, if he has been in the special stage for at least two years, be eligible for discharge seven days earlier, if the Commissioner so directs.

Reduction to lower 15.

(1) As a punishment or part of a punishment for a disciplinary offence stage.

the Commissioner or an ofcer in charge may reduce a prisoner from the stage he is in to a lower stage.

(2) A prisoner reduced to a lower stage shall not be entitled to re-enter his previous stage unless (a) in the case of a reduction from stage three or stage four, he serves for three months without being found guilty of a disciplinary offence; or (b) in the case of a rst reduction from the special stage, he serves for six months without being found guilty of a disciplinary offence; or (c) in the case of a second reduction from the special stage, he completes twelve months without being found guilty of a disciplinary offence.

(3) In addition to or in lieu of reducing a prisoner to a lower stage for a disciplinary offence, the Commissioner or the ofcer in charge, as the case may be, may forfeit a part, not exceeding three-quarters, of the earnings of the prisoner, or reduce the rate of his earnings, or remove him from the earnings scheme, and may combine two or more of such punishments.

Uniforms for 16.

The Commissioner may direct that prisoners in each stage shall wear different stages.

a special uniform or badge.

Stage privileges.

17.

(1) The Commissioner shall, in the interests of good conduct and training, establish at every prison such system or systems of privileges as may be appropriate for the different classes of prisoners.

(2) The other privileges of prisoners in the various stages shall be as follows (a) rst and second stagesa prisoner in these stages shall be eligible Rev.

2009] Prisons CAP.

90 51 [Subsidiary] to be placed on the earnings scheme, shall be allowed to have library books and exchange them as often as may be practicable and shall be eligible to attend such concerts, cinema shows and lectures as the ofcer in charge may direct; (b) third stagea prisoner in this stage shall be eligible to be placed on the earnings scheme and may attend concerts, cinema shows, lectures and handicraft and school classes; he shall be allowed to have library books and exchange them as often as may be practicable; (c) fourth and special stagesa prisoner in these stages shall be allowed to attend concerts, cinema shows, lectures and school and handicraft classes, and to partake in other evening activities which may be arranged; he may have approved means of recreation in his cell and may be permitted to leave the prison under escort to take part in competitive games approved by the ofcer in charge; he shall be allowed to have library books and exchange them during the hours when the library is open; (d) a prisoner in the special stage shall, whenever possible, be permitted to occupy dormitory accommodation, and where this is not possible his cell may be provided with special furniture; extra bedding may be issued to him; he shall not be locked in his cell or dormitory at midday nor until one hour after the normal hour of lockup; similar facilities may be provided at week-ends; a special stage prisoner may be permitted to move about within the prison without escort.

(3) Prisoners in all stages shall be eligible to receive suitable books or periodicals of an educational nature, subject to such directions as the Commissioner may from time to time give.

18.

The Commissioner may direct that prisoners in any stage shall be Further privileges.

eligible to receive other privileges but they shall be liable to forfeit them as a punishment or part of the punishment for disciplinary offences.

19.

(1) Prisoners eligible under these Rules to participate in the earnings Earnings scheme.

scheme shall be classied in the following grades Grade Aprisoners who in the opinion of the Commissioner are of exemplary conduct and are skilled in their trade, and all special stage prisoners; Grade Bprisoners who in the opinion of the ofcer in charge are of good conduct and are semi-skilled in their trade; Grade Call prisoners eligible to participate in the earnings scheme who are not Grade A or Grade B.

(2) Promotions to Grade A shall be made by the Commissioner and promotions to Grade B shall be made by the ofcer in charge.

CAP.

90 52 Prisons [Rev.

2009 [Subsidiary] (3) Prisoners engaged in collective work shall be graded in Grade C but may receive additional payment for work completed in excess of a xed task: Provided that no such prisoner shall earn more than a Grade A prisoner.

Rate of earnings.

20.

The rate of earnings in each grade shall be xed by the Minister.

Use of earnings.

21.

(1) A prisoner on the earnings scheme, other than a prisoner in the rst or second stage, may spend up to two-thirds of the total of his monthly earnings upon the purchase of tobacco and such other goods as may be allowed by the ofcer in charge on the instructions of the Commissioner; and the balance of the earnings shall be placed to the credit of the prisoner and the total credit shall be paid to him on release.

(2) A prisoner in the rst or second stage may not spend any of his earnings, and the whole of his earnings shall be paid to him on release.

Pa rt IIIme dICal of fICersandthe he a lt hof Pr Isoners 22.

In every prison an inrmary or proper place for the care and reception Prison inrmaries.

of sick prisoners shall be provided.

Power of medical 23.

Subject to the directions of the Director of Medical Services, a medical ofcer may depute any of his functions or duties under this Part to any person ofcer to delegate.

whom he considers is suitably qualied to carry out such functions or duties.

24.

The medical ofcer shall attend at the prison for which he is Medical ofcer to attend regularly.

responsible either daily or at regular intervals.

Examination of 25.

(1) The medical ofcer shall examine a prisoner on each of the prisoners.

following occasions (a) on the prisoners admission to prison; (b) before the prisoner is required to undergo any class of labour of a more strenuous nature than labour that he has been certied t to undertake, and shall certify whether the prisoner is to undergo the labour; (c) before the prisoner undergoes corporal punishment or any other punishment likely to affect his health, and shall certify whether the prisoner is t to undergo the punishment; (d) during the course of iniction of corporal punishment; (e) before the prisoner is discharged from prison; (f) before the prisoner is transferred to another prison.

(2) A prisoner due for discharge who is suffering from any acute or Rev.

2009] Prisons CAP.

90 53 [Subsidiary] dangerous illness or who is so recommended by the medical ofcer shall be transferred to a hospital.

(3) If a prisoner is found to be suffering from any infectious or contagious disease, or to be in a verminous condition, steps shall at once be taken to treat the condition and to prevent it from spreading to other prisoners.

26.

(1) The medical ofcer shall Frequency of medical (a) see every prisoner at least once every month; and examination and inspections.

(b) see every prisoner held on a capital charge or sentenced to death or in close connement every day; and (c) inspect the prisoners at work from time to time; and (d) at least once every month inspect the whole prison, paying particular attention to the cooking and sanitary equipment in the prison.

(2) As a result of his examinations and inspections, a medical ofcer may recommend modications in labour, diet or punishment, either generally or in relation to a class of prisoner or in relation to a particular prisoner.

27.

(1) The medical ofcer shall advise the ofcer in charge as to any Medical ofcer to prisoners that should be transferred from the prison which they are in to a advise on removal of hospital, mental hospital or leper settlement.

prisoners.

(2) The medical ofcer shall advise the ofcer in charge as to any prisoner who should be released by raising of his health being likely to be endangered by his remaining in prison or his being unlikely to survive his sentence or being permanently unt for his own discipline.

28.

(1) The medical ofcer shall keep observation on the mental health of Mental condition of all prisoners held on a capital charge or sentenced to death and on all convicted prisoners.

criminal prisoners serving a period of imprisonment for three years or more.

(2) The medical ofcer shall report to the ofcer in charge any case where he considers a prisoner is mentally disordered.

(3) The medical ofcer shall submit to the ofcer in charge in respect of every prisoner held on a capital charge a full report on the mental state of the prisoner as soon after admission as possible and again after conviction, and again after the result of any appeal against sentence is made known.

(4) All reports made under paragraph (3) of this rule shall be in such form and shall be forwarded to such authorities as may be from time to time directed by the Commissioner.

29.

The medical ofcer shall take all measures necessary to prevent the Spread of disease.

spread of infectious or contagious diseases.

CAP.

90 54 Prisons [Rev.

2009 [Subsidiary] Books to be kept.

30.

The medical ofcer shall keep the following books and records (a) a case book showing the name, disease and treatment of every sick prisoner; (b) a journal containing his comments and the state of the prison and prisoners; (c) a case book giving full details of the medical history, cause of death and treatment of every prisoner who dies in the prison otherwise than by judicial execution; and (d) report from time to time on the nature and quality of the food of the prisoners both before and after cooking.

Vaccination.

31.

If the medical ofcer considers it necessary for the health of any particular prisoner or prisoners, or for the health of other prisoners or members of the public he may arrange for the vaccination or inoculation of any prisoner or prisoners.

Pa rt IvaC Commod at Ion In and ge neral ma nagementof Pr Isons Sleeping 32.

(1) Prisoners shall sleep in communal wards or in separate cells, as accommodation.

the ofcer in charge directs in the case of each prisoner.

(2) (a) Male and female prisoners shall be kept absolutely separate from each other and shall be conned in different buildings.

(b) The wards, cells and yards where women prisoners are conned shall be secured by locks different from those securing the wards, cells and yards allotted to male prisoners.

(c) Women prisoners shall in all cases be attended by women ofcers.

(d) a male prison ofcer shall not enter a prison or part of a prison appropriated to women prisoners, except on duty, accompanied by a woman prison ofcer.

(3) Prisoners appearing to be under seventeen years of age, whether male or female, shall be kept apart as far as practicable from adults, and conned in separate buildings or a separate part of the prison.

(4) The medical ofcer shall certify the number of prisoners that may sleep in one ward or cell.

Cleanliness of 33.

The prison and every room and part thereof shall be kept clean, and prisons.

every prisoner shall keep his cell, ward, utensils, books and other articles issued for his use, and his clothing and bedding, clean and neatly arranged, as may be ordered, and shall clean and sweep the yards, passages and other parts of the prison as he may be ordered.

Rev.

2009] Prisons CAP.

90 55 [Subsidiary] 34.

In every prison, cells shall from time to time be set aside for the connement of prisoners undergoing punishment for prison offences; every such Punishment cells.

cell shall be certied as t to be used for such purpose by the medical ofcer.

35.

Every prisoner shall be searched when taken into custody by a prison Search on admission.

ofcer, on admission into prison and at such subsequent times as the ofcer in charge directs, and all unauthorized articles shall be taken from him.

36.

(1) The searching of a prisoner shall be conducted in as seemly a Manner of search.

manner as is consistent with the necessity for discovering concealed articles.

(2) A prisoner shall be searched only by ofcers of the same sex as the prisoner.

37.

(1) Subject to the provisions of paragraph (2) of this rule, all Prisoners property.

money, clothing or other effects belonging to a prisoner which he is not L.N.

166/1968.

allowed to retain shall be placed in the custody of the ofcer in charge, who shall keep an inventory thereof, which shall be signed by the prisoner.

(2) All articles of a perishable nature and all articles infected with vermin or otherwise likely to spread disease in a prison, which are in the possession of a prisoner on admission into prison shall be destroyed.

(3) In any case where the clothes of a prisoner are so old, worn out or dirty as to be useless, the ofcer in charge shall order them to be destroyed, and, in such case, on the release of the prisoner the ofcer in charge shall give the prisoner clothing of a suitable kind.

(4) Articles which in the opinion of the ofcer in charge are too bulky for storage shall not be accepted into the prison.

(5) On the discharge of a prisoner, all articles of clothing and property shall be returned to him unless they have been destroyed in accordance with this rule.

(6) If any prisoner is discharged or escapes from prison and fails to claim his property within six months from his discharge or escape, or if any prisoner dies in prison and his personal representatives or relatives do not claim his property within six months of his death, the ofcer in charge may, if in his opinion such property is of no value, destroy it, or if he considers it possible to sell it he shall sell it and devote the proceeds to the welfare of the prisoners in the prison generally.

(7) The provisions as to unclaimed prisoners property contained in paragraph (6) of this rule shall apply to any unclaimed property within a prison at the commencement of these Rules and such property may be destroyed or sold, as the case may be, at the end of six months after the commencement of these Rules if by such time it has not been claimed.

38.

The name, race and tribe, age, weight, and particular marks, and such Recording of CAP.

90 56 Prisons [Rev.

2009 [Subsidiary] particulars.

other measurements and particulars as may be required in regard to a prisoner, shall upon his admission, and from time to time, be recorded in such manner as the Commissioner directs.

Fingerprints.

39.

On admission into prison, every prisoner shall have his ngerprints taken.

Photographs.

40.

A long sentence prisoner shall be photographed on admission and subsequently, as required by the ofcer in charge, but no copy of the photograph shall be, given to a person who is not authorized to receive it.

Baths.

41.

Every prisoner shall, unless exempted by the ofcer in charge or the medical ofcer, take a bath or shower on admission and thereafter as ordered by the ofcer in charge.

Medical examination 42.

Every prisoner shall, on the day of his admission or as soon as possible on admission.

after his admission, be separately examined by the medical ofcer, who shall record the state of health of the prisoner and such other particulars as may be directed: Provided that when a prisoner is received too late to be examined on the same day he shall be examined as soon as possible on the next day, and in any case within twenty-four hours of his admission.

Information for 43.

Every prisoner on admission to prison shall be provided in his cell prisoners to be or ward with such information as to the rules concerning the disciplinary provided in cells or requirements of the prison, to earnings and privileges and to the proper methods wards.

of submitting petitions to the Governor-General and of making complaints as to food, clothing, bedding and other necessaries.

Ofcer in charge 44.

(1) The ofcer in charge shall, personally or through such ofcer as to ensure that he may appoint, ensure as soon as possible after admission into prison, and in information is any case within twenty-four hours, that every prisoner who can read has read understood.

the information so provided.

(2) Where a prisoner cannot read or has difculty in understanding the information so provided, it shall be so explained to him that he may understand his rights and obligations.

(3) A prisoner committed to prison in default of paying a sum of money or for want of surety shall on admission be informed of the means whereby he may obtain his release.

Pa rt vtreatment of Pr Isoners Use of force.

45.

(1) No prison ofcer shall punish any prisoner unless authorized to do so under the Act or these Rules.

(2) No prison ofcer shall deliberately act in a manner calculated to provoke a prisoner.

(3) If a prison ofcer strikes or uses force against a prisoner, he shall Rev.

2009] Prisons CAP.

90 57 [Subsidiary] have the prisoner as soon as possible examined by the medical ofcer, and shall immediately report the incident to the ofcer in charge.

46.

(1) Subject to section 35 of the Act, every prisoner, shall be supplied Clothing.

with and shall wear such prison clothing as may be directed.

(2) Additional or alternative clothing may be supplied to a prisoner on the recommendation of the medical ofcer, or by order of the ofcer in charge.

47.

(1) Every prisoner shall be supplied with bedding adequate for Bedding.

warmth and health.

(2) Additional or alternative bedding may be supplied to a prisoner on the recommendation of the medical ofcer.

48.

(1) The clothes of a prisoner shall be changed and washed at least Cleanliness of clothes weekly, and bedclothes shall be washed and aired as often as the ofcer in and bedding.

charge may direct.

(2) The prison clothing and bedding discarded by a prisoner on discharge shall be thoroughly washed, dried and disinfected before being returned to store or reissued.

49.

(1) subject to the provisions of section 35 of the Act, every Prisoner Food.

shall be entitled to a sufcient quantity of plain wholesome food, in accordance L.N.

540/1997.

with prisoners diet in the First Schedule.

(2) A copy of the diet scales shall be displayed in some conspicuous part of the prison.

(3) The diet of a prisoner who persistently wastes his food may be reduced by the ofcer in charge after obtaining the written advice of the medical ofcer.

(4) A prisoner ordered penal diet shall have substituted for his ordinary diet the penal diet set out in the First Schedule to these Rules unless the medical ofcer otherwise recommends.

50.

(1) No prisoner shall under any pretence whatever be allowed any Restrictions on spirits, wine, beer or other intoxicating or stupefying drink, drug or matter, alcohol and tobacco.

except such, and in such quantities, as may be directed in particular cases by the medical ofcer by order in writing.

(2) Subject to these Rules, no prisoner shall be allowed to smoke or have in his possession any tobacco except in accordance with rule 21 of these Rules and such orders as may be given by the ofcer in charge with the approval of the Commissioner.

51.

(1) Subject to the provisions of paragraphs (2), (3), (4) and (5) of this Prisoners hair.

rule, all convicted criminal prisoners sentenced to imprisonment for any period exceeding one month shall have their hair cut short and their beards, whiskers CAP.

90 58 Prisons [Rev.

2009 [Subsidiary] and moustaches, if worn, trimmed close, and those who wear no hair on their faces, or a moustache only, shall be shaved as often as may be necessary to preserve a clean and decent appearance.

(2) The hair of female prisoners shall not be cut on admission or afterwards unless the medical ofcer considers it to be necessary for health and cleanliness or the prisoner expresses a desire to have her hair cut.

(3) The hair of prisoners awaiting trial and prisoners awaiting the hearing of an appeal shall be kept, as far as cleanliness permits, in the same state as it was on admission.

(4) The hair of a Sikh prisoner shall not be cut without an order in writing from the ofcer in charge, which order shall not be made except on the ground of necessity certied by the medical ofcer.

(5) During the last month of imprisonment, the hair of a prisoner shall be allowed to grow if the prisoner so desires and it is consistent with cleanliness and health.

Exercise.

52.

All prisoners, other than those in close connement, shall take regular physical exercise in accordance with instructions issued by the ofcer in charge.

Visits and letters.

53.

(1) Communications, other than communications with legal advisers, between prisoners and other persons shall be allowed only in accordance with this rule, and the ofcer in charge may restrict such communication still further if he thinks it necessary for the maintenance of discipline and order in the prison and the prevention of crime.

(2) Save as provided in paragraphs (3), (4) and (5) of this rule and the following provisions in this Part, visits and letters shall be granted by the following rules (a) rst stage prisoners shall be entitled to write and receive one letter every four weeks, and to receive one visit of twenty minutes duration every four weeks or to write and to receive one letter in lieu; (b) second stage prisoners shall be entitled to write and receive one letter every four weeks, and to receive a visit of twenty minutes duration every four weeks or to write and to receive one letter in lieu; (c) third stage prisoners shall be entitled to write and receive one letter every three weeks, and to receive a visit of twenty minutes duration every four weeks or to write and to receive one letter in lieu; (d) fourth stage prisoners shall be entitled to write and receive one letter every two weeks and to receive a visit of thirty minutes duration every four weeks or to write and to receive one letter in lieu; Rev.

2009] Prisons CAP.

90 59 [Subsidiary] (e) a special stage prisoner shall be entitled to receive letters without restriction, and to write one letter every week, and to receive a visit of thirty minutes duration every two weeks or to write one letter in lieu.

(3) on admission, a prisoner shall be entitled to write and receive a reception letter and to receive a visit of fteen minutes duration, and on transfer to another prison a prisoner shall be entitled to write and receive a transfer letter.

(4) The Commissioner may, as a privilege for any prisoner or class of prisoner, allow such additional letters and visits as he may determine.

(5) The ofcer in charge may allow a prisoner to write a special letter and to receive a reply or to receive a special visit in any of the following circumstances (a) the death or serious illness of a near relative; (b) business or family affairs of an urgent nature; or (c) the arrangement of employment or assistance on release.

54.

Where a prisoner has served for a period of three years and, owing to Transfer of prisoner the distance from his home, has not received any visits from relatives or friends to enable him to be during such imprisonment, the Commissioner may in his discretion order the visited.

temporary transfer of such long sentence prisoner to the prison nearest his home and permit such prisoner to be visited by friends or relatives, not exceeding three in number at any one time, for such period as the Commissioner may direct, provided the work, conduct and progress of the prisoner merit such privilege.

55.

(1) The privilege of writing and receiving letters and receiving visits Postponement of privileges of letters may, at the discretion of the ofcer in charge, be postponed at any time in case and visits.

of misconduct, but shall not be subject to forfeiture.

(2) When a prisoner who becomes entitled to a letter or visit is at the time undergoing punishment, the ofcer in charge shall defer the privilege to a suitable time.

56.

If a prisoner dangerously ill desires to be visited by a near relative Visits to sick prisoners.

or friend, the ofcer in charge may give an order in writing for the admission of that relative or friend.

57.

(1) Not more than three persons shall be allowed to visit a prisoner at one time.

Conditions relating to visits.

(2) All visits to prisoners shall take place during the normal working hours of the prison and between such hours as the ofcer in charge may direct.

(3) A prison ofcer of a rank detailed by the ofcer in charge, together with an interpreter in the case where the prison ofcer does not understand the language spoken, shall be within sight and hearing during the whole of every CAP.

90 60 Prisons [Rev.

2009 [Subsidiary] visit, unless the ofcer in charge by an order in writing otherwise directs.

(4) The prison ofcer detailed to supervise visits shall demand the name and address of every visitor to a prisoner and, when he has any grounds for suspicion, he may search or cause to be searched male visitors and may direct a female ofcer to search female visitors, but such search shall not be in the presence of any prisoner or of another visitor; and, in case of any visitor refusing to be searched, such visitor shall be ordered to leave the prison.

(5) Any prison ofcer ordering a visitor to leave a prison shall make a record thereof in writing.

(6) No ex-prisoner shall be allowed to visit a prisoner, except with the written permission of the ofcer in charge.

Letters to be read.

58.

(1) Every letter to or from a prisoner shall be read by the ofcer in charge or by a responsible ofcer deputed by him and it shall be within the discretion of the ofcer in charge or the deputed ofcer to stop any letter on the grounds that its contents are objectionable or that it is of inordinate length; and in the case of an outgoing letter, the prisoner shall be informed and given the opportunity to rewrite the letter.

(2) No prisoner shall be permitted to write a letter to or receive a letter from a prisoner or an ex-prisoner without the permission in writing of the ofcer in charge.

Visits by advocates 59.

(1) A prisoner who, after conviction, has given notice of appeal shall and diplomatic be given reasonable facilities to see his advocate concerning the appeal in the representatives.

sight, but not in the hearing, of a prison ofcer.

(2) A prisoner who has been ordered to be repatriated to a place outside Kenya shall be given all reasonable facilities to see his advocate and a representative of his country concerning the order for repatriation in the sight, but not in the hearing, of a prison ofcer.

(3) Reasonable facilities shall be accorded to the advocate of a prisoner who is conducting any litigation, civil or criminal, to which the prisoner is a party to see the prisoner with reference to such proceedings in the sight, but not in the hearing, of a prison ofcer.

(4) The advocate of any prisoner may, with the permission of the ofcer in charge, see a prisoner concerning any other legal business, but shall see him in the sight and hearing of a prison ofcer.

(5) The advocate of a prisoner may be accompanied by another person under his direct and immediate control, for the purpose of interpretation or the making of a note.

(6) For the purpose of this rule, advocate of a prisoner means either the prisoners advocate himself or the advocates clerk.

Rev.

2009] Prisons CAP.

90 61 [Subsidiary] 60.

The provisions of these Rules relating to visits and letters shall apply Visits and letters of to all classes and categories of prisoners: debtors.

Provided that (i) an ofcer in charge may in his discretion allow an unconvicted prisoner to see relatives and friends and to receive and read letters as often as he considers desirable; and (ii) a prisoner committed to prison in default of the payment of a sum in pursuance of any conviction order he is required to pay, shall be allowed to have an interview with his friends on any weekday during working hours of the prison, or to communicate by letter with them for the purpose of providing for a payment which would procure his release from prison, and every such prisoner shall on his admission be informed of this rule.

61.

(1) On production of an order from a magistrate, the Commissioner Visits by police of Police, or a gazetted ofcer as dened in the Police Act, a police ofcer may, ofcers and process at any reasonable time, visit a prison and interview any prisoner for any of the servers.

following purposes Cap.

84.

(a) identifying offenders; (b) taking statements considered necessary for any investigation; (c) any other purpose authorized in writing by the Commissioner.

(2) The ofcer in charge shall direct whether a visit by a police ofcer to a prisoner shall take place in or out of the hearing or sight of a prison ofcer.

(3) Any person duly authorized by a court shall be permitted to enter a prison during working hours in order to serve any legal process on a prisoner.

62.

(1) Every prisoner on admission shall be required to state his Religion and religion and religious denomination, and he shall be treated as a member of religious instruction.

such religion and denomination until such time as a minister of religion at the request of a prisoner certies in writing that he belongs to another religious denomination.

(2) The minister of religion shall be permitted to visit prisoners at such times as the ofcer in charge considers desirable.

(3) The ofcer in charge shall make such arrangements as he considers practicable for the holding of religious services in the prison and for the religious instruction of prisoners.

63.

(1) The ofcer in charge shall take all steps that he considers Education.

practicable to arrange evening educational classes for the prisoners in his charge, and shall permit prisoners in their leisure time to study by means of courses approved and arranged by him and to practise handicrafts; and special attention CAP.

90 62 Prisons [Rev.

2009 [Subsidiary] shall be paid to the education of illiterate persons.

(2) Whenever possible there shall be a library in each prison, and prisoners shall be permitted to draw books from the library in accordance with such directions as the Commissioner may from time to time make.

(3) The ofcer in charge may arrange for lectures, concerts and debates for prisoners to take place outside the hours of labour.

(4) At each prison facilities shall be provided for physical training, games and recreation, both physical and mental, particularly in the case of the young prisoners and prisoners serving long sentences.

Prison visitors.

64.

The Commissioner may, on the recommendation of the ofcer in charge, appoint a sufcient number of prison visitors of either sex for the purpose of visiting prisoners regularly during their imprisonment and for conducting such classes as may be approved.

Petitions and 65.

(1) Every prisoner may petition the Governor-General through complaints.

the Commissioner, and such petition shall be written in such form as the Commissioner may direct.

(2) A prisoner may make a complaint to a visiting justice, the Commissioner, the ofcer in charge or such other class or classes of prison ofcer as the Commissioner designates to hear complaints.

(3) Any request by a prisoner to see a person to whom he is entitled to make a complaint shall be recorded by the ofcer to whom the request is made, and arrangements shall be made for the prisoner to see the person concerned at the rst convenient opportunity.

(4) The ofcer in charge shall at a convenient hour every day, other than Sundays and public holidays, see all prisoners who have requested to see him.

Pa rt vIdIsCIPlIne of Pr Isoners Minor prison 66.

Any prisoner who offences.

(a) disobeys any order of the ofcer in charge or of any other prison ofcer or any prison rule; or (b) treats with disrespect any ofcer or any person authorized to visit the prison; or (c) is idle, careless, or negligent at work, or refuses to work; or (d) uses any abusive, insolent, threatening or other improper language; or (e) is indecent in language, act or gesture; or Rev.

2009] Prisons CAP.

90 63 [Subsidiary] (f) commits any assault; or (g) communicates with another prisoner, or any other person, without authority; or (h) leaves his cell or ward or place of work or other appointed place without permission; or (i) wilfully disgures or damages any part of the prison or any property which is not his own; or (j) commits any nuisance; or (k) has in his cell, ward, or in his possession, any unauthorized article, or attempts to obtain such an article; or (l) gives to or receives from any person any unauthorized article; or (m) makes repeated and groundless complaints; or (n) in any way offends against good order and discipline; or (o) attempts to do any of the foregoing things; or (p) aids or abets the doing of any of the foregoing things, shall be guilty of a minor prison offence.

67.

Any prisoner who Aggravated prison (a) mutinies or incites to mutiny; or offences.

(b) commits or takes part in an aggravated or repeated assault on another prisoner; or (c) takes part in an assault or attack on a prison ofcer; or (d) commits any act of gross misconduct or insubordination, shall be guilty of an aggravated prison offence.

68.

(1) The ofcer in charge may order any prisoner charged with a prison offence to be kept apart from other prisoners.

Inquiry into prison offences.

(2) Every prisoner charged with a prison offence shall be informed of the offence with which he is charged, and shall be entitled to defend himself by (a) hearing and questioning any witnesses giving evidence against him; (b) making a statement himself; and CAP.

90 64 Prisons [Rev.

2009 [Subsidiary] (c) calling any witness whom he thinks necessary and whom the person trying the charge is satised will materially assist in determining whether or not the prisoner is guilty of the offence with which he is charged.

(3) Every charge against a prisoner shall be heard without delay.

Punishment of minor 69.

(1) An ofcer in charge, if a subordinate prison ofcer, may punish prison offence by any prisoner who has been found after due inquiry by him to be guilty of a subordinate prison minor prison offence, by ordering him to undergo one or more of the following ofcer.

punishments (a) connement in a separate cell for a period not exceeding three days upon the penal diet prescribed in the First Schedule to these Rules; (b) reduction in stage, or postponement of promotion in stage, or forfeiture of privileges for a period not exceeding one month; (c) forfeiture of earnings not exceeding one-quarter; removal from the earnings scheme for a period not exceeding one month, and reduction in earnings grade until such time as the prisoner is considered t for restoration to his original grade by virtue of his good conduct and skill at his trade: Provided that no prisoner shall be reduced from Grade A in the earnings scheme without the approval of the Commissioner.

(2) A subordinate prison ofcer shall not inquire into an aggravated prison offence.

Transfer of case to 70.

Whenever a prisoner is charged before a prison ofcer below the rank senior prison ofcer.

of Assistant Superintendent with an aggravated prison offence, or with a minor prison offence which owing to the circumstances of the case the prison ofcer considers the powers of punishment he possesses are inadequate to deal with, he shall transfer the case for inquiry to a senior prison ofcer.

Punishment of minor 71.

An ofcer in charge, if a senior prison ofcer or an administrative prison offence by ofcer acting as ofcer in charge may punish any prisoner found after due senior prison ofcer.

inquiry by him to be guilty of a minor prison offence, by ordering him to undergo one or more of the following punishments (a) connement in a separate cell for a term not exceeding seven days upon the penal diet prescribed in the First Schedule to these Rules; (b) forfeiture of remission not exceeding fourteen days; (c) reduction in stage, or postponement of promotion in stage, or forfeiture of privileges; Rev.

2009] Prisons CAP.

90 65 [Subsidiary] (d) forfeiture of earnings not exceeding one-half; removal from the earnings scheme for a period not exceeding three months and reduction in earnings grade until such time as the prisoner is considered t for restoration to his original grade by virtue of his good conduct and skill at his trade: Provided that no prisoner shall be reduced from Grade A in the earnings scheme without the approval of the Commissioner.

Punishment of 72.

An ofcer in charge if a senior prison ofcer or an administrative aggravated prison ofcer acting as ofcer in charge may punish a prisoner found after due inquiry by him to be guilty of an aggravated prison offence by ordering him to undergo offence by senior one or more of the following punishments prison ofcer.

(a) in the case of an adult male prisoner not over the age of forty-ve years and not being under sentence of death or of a civil prisoner or a vagrant, corporal punishment not exceeding twelve strokes or in the case of a person under the apparent age of sixteen years six strokes: Provided that no corporal punishment shall be inicted until the punishment has been approved by the Commissioner; (b) connement in a separate cell for a term not exceeding seven days upon the penal diet prescribed in the First Schedule to these Rules; (c) forfeiture of remission not exceeding thirty days; (d) reduction in stage, or postponement of promotion in stage, or forfeiture of privileges; (e) forfeiture of earnings not exceeding three-quarters, removal from the earnings scheme for a period not exceeding six months and reduction in earnings grade until such time as the prisoner is considered t for restoration to his original grade by virtue of his good conduct and skill at his trade: Provided that no prisoner shall be reduced from Grade A in the earnings scheme without the approval of the Commissioner.

Transfer of case to 73.

An ofcer in charge, if a senior prison ofcer, or an administrative Commissioner.

ofcer acting as ofcer in charge, where a prisoner is charged before him with an aggravated prison offence, may transfer the case to the Commissioner under section 52 (2) of the Act.

74.

The Commissioner may punish any prisoner found guilty of any Punishment by prison offence with one or more of the following punishments Commissioner.

(a) corporal punishment subject to the provisions of section 55 of CAP.

90 66 Prisons [Rev.

2009 [Subsidiary] the Act; (b) connement in a separate cell for a period not exceeding thirty days upon the penal diet prescribed in the First Schedule to these Rules; (c) forfeiture of remission not exceeding three months; (d) forfeiture of earnings not exceeding three-quarters, removal from the earnings scheme for a period not exceeding six months and reduction in earnings grade until the prisoner is considered t for restoration to his original grade by virtue of his good conduct and skill at his trade; (e) reduction in stage, or postponement of promotion in stage, or forfeiture of privileges.

Clothing and bedding 75.

A prisoner undergoing punishment in a separate cell shall be supplied during punishment.

with such clothing and bedding as the Commissioner shall from time to time direct.

76.

(1) No prisoner shall be sentenced to be conned in a punishment Connement in punishment cell.

cell for an aggregate of more than ninety days in one year.

(2) In any case where a prisoner is sentenced to two periods of connement in a separate cell, the two sentences shall be separated by a period not less than the longer of the two sentences.

(3) Whenever a prisoner is sentenced to undergo close connement in a separate cell for a period exceeding three days upon a penal diet, he shall be given full diet on every fourth day.

(4) A prisoner sentenced to connement in a separate cell shall (a) see only prison ofcers, the medical ofcer, ministers of religion and visiting justices; (b) have only such physical exercise as the medical ofcer shall certify as necessary; (c) be visited once a day by the ofcer in charge and medical ofcer; and (d) be visited at intervals of not greater than three hours during the day and night by a prison ofcer appointed to carry out such duty.

Corporal punishment.

77.

(1) Where under these Rules a prisoner is awarded on one occasion a number of punishments for a number of offences, not more than one of such punishments shall be of corporal punishment.

(2) (Deleted by L.N.166/1968.) Rev.

2009] Prisons CAP.

90 67 [Subsidiary] (3) Corporal punishment shall be inicted on the buttocks of the offender, in the case of adults with a cane which is not more than half an inch in diameter, and in the case of juveniles with a light cane.

78.

(Deleted by L.N.166/1968.) 79.

No prisoner shall be ordered to forfeit as a punishment more remission Forfeiture of than he has earned.

remission.

80.

(1) In every prison a punishment book and a corporal punishment Punishment book to book shall be kept.

be kept.

(2) The ofcer in charge shall enter in the corporal punishment book the hour at which the punishment was inicted, the number of strokes inicted and any order which the medical ofcer may have given as to remission.

(3) The ofcer in charge shall enter or cause to be entered in the punishment book a record of every prisoner punished under these Rules, showing the date and nature of the offence and punishment, the name of the prisoner and the name of the authority dealing with the case, and directions given by the medical ofcer shall be entered also in the prisoners personal record.

(4) A return of all corporal punishment inicted by order of an ofcer in charge or by order of the Commissioner shall be submitted to the Commissioner by the ofcer in charge monthly.

81.

Nothing in these Rules shall be so construed as to exempt any prisoner Ordinary law not from being proceeded against for any offence by the ordinary course of law, affected.

but no prisoner shall be punished twice for the same offence.

82.

(1) No prisoner shall be placed in handcuffs or other mechanical Mechanical restraint restraint as a punishment, and a prisoner shall be so restrained only if it is of prisoners.

necessary to prevent his escape or to prevent him doing injury to himself or to another person.

(2) No means of mechanical restraint shall be used which have not been approved by the Commissioner.

(3) No prisoner shall be kept under mechanical restraint unless the medical ofcer has certied that such restraint will not injure his health.

(4) An order to place a prisoner under mechanical restraint shall (a) be made only in case of urgent necessity; (b) be made by the most senior prison ofcer present; (c) not be continued for longer than forty-eight hours without the permission of the Commissioner; CAP.

90 68 Prisons [Rev.

2009 [Subsidiary] (d) be notied immediately to the medical ofcer; and (e) be entered in such journals and books as the Commissioner directs.

(5) The ofcer in charge may order any refractory or violent prisoner to be temporarily conned in a separate cell or special cell.

Prevention of escape.

83.

Prison ofcers shall use the greatest vigilance to prevent the escape of any prisoner, and no ladders, planks, ropes, chains or anything likely to facilitate escape shall be left unsecured in any prison.

Action on report of 84.

On receiving the report of the escape of a prisoner, ofcer in charge escape.

shall (a) order the prison and its neighbourhood to be searched at once; (b) circulate notication of the escape and the prisoners description to the police in such a manner as the Commissioner may prescribe; and (c) notify the Commissioner.

Treatment of 85.

(1) Male prisoners who during a previous detention in lawful custody escapees.

have escaped or attempted to escape will be considered and treated as potential prison breakers, unless exempted personally by the ofcer in charge for any special reason.

(2) The period during which an escaped prisoner is at large shall not be counted as part of the sentence he was undergoing at the time of his escape.

Employment of 86.

(1) Every convicted criminal prisoner shall be required to engage in prisoners.

useful work, all of which so far as is practicable shall be performed either in association with other prisoners or by himself outside the cells, and no prisoner shall be employed on any work not authorized by the Commissioner or the ofcer in charge: Provided that the medical ofcer may excuse a prisoner from work on medical grounds, and no prisoner shall be set to any work unless he has been certied as t for that type of work by the medical ofcer.

(2) The ofcer in charge, or an ofcer detailed by him, shall allot to each prisoner the labour for which he is best suited, the rst consideration being to give each prisoner the best training which his sentence, his capacity and the resources of the prison will permit.

(3) If at any time it appears to the Commissioner or to the ofcer in charge that it is desirable for the maintenance of good order or discipline, or in the interests of the convicted prisoner, that he should not be employed in association with others, the ofcer in charge may arrange for him to work temporarily in a cell, and not in association.

Rev.

2009] Prisons CAP.

90 69 [Subsidiary] (4) It shall be within the discretion of the ofcer in charge to arrange for a convicted criminal prisoner ordered to work alone to be employed in association again whenever he considers this desirable, and he shall do so if the medical ofcer so advises on medical grounds, or at the expiration of one month unless further authority for him to be kept separate is given from month to month by the Commissioner.

87.

A prisoner certied not to be t for ordinary labour by the medical Work of unt ofcer may be employed on light labour prisoners.

sewing, gardening, laundry work, cleaning and whitewashing the prison, conservancy, and any such similar services as the ofcer in charge may from time to time direct.

88.

Female prisoners shall be employed only in association with female Work of female prisoners and on work suitable for them.

prisoners.

89.

The hours of labour for prisoners shall be those directed by the Hours of work.

Commissioner.

90.

At each prison a record of the daily work of the prisoners shall be Record of work.

kept in such form as the Commissioner may direct.

91.

(1) Except where the Commissioner otherwise directs, prisoners Holidays.

shall not be required to do any work, other than keeping the prison clean and preparing food, on Sundays and public holidays.

(2) The ofcer in charge may, in his discretion, make special arrangements for the observation by any class of prisoner of religious and national festivals peculiar to such class of prisoner.

Pa rt vIIPe rIodand re mIssIonof se ntenCe , In CludIng re lease un der su PervIsIon 92.

(1) Subject to the provisions of any Act, when a person has been Length of convicted of an offence and is convicted of another offence, either before or imprisonment where after sentence has been passed upon him for the rst offence but before the prisoner sentenced to expiration of such sentence, then any sentence passed upon him in respect of more than one term the second offence shall be served after the completion of the sentence for the of imprisonment.

rst sentence, unless the court otherwise orders.

(2) Where a prisoner on the same occasion is sentenced to several terms of imprisonment on different counts, such sentences shall be consecutive unless the court otherwise orders.

(3) Where a prisoner is serving two or more sentences and is further convicted and sentenced to imprisonment, and the court orders the sentence it is then passing to commence at the expiration of the sentence the prisoner is now serving, then the sentence shall be consecutive to that sentence but concurrent CAP.

90 70 Prisons [Rev.

2009 [Subsidiary] with any other sentences which the prisoner has not then commenced to serve; if the court orders that the sentence shall commence after the sentence or after the imprisonment that the prisoner is now serving the sentence shall begin to run after the completion of all the sentences the prisoner is then serving.

Calculation of 93.

(1) A term of imprisonment shall commence on and include the day dates in relation to he is sentenced, unless the sentence is consecutive to another sentence.

imprisonment.

(2) A prisoner may be imprisoned until the end of the last day of his sentence.

(3) Prison sentences expressed in months and years shall be deemed to be calendar months and years.

(4) Whenever a capital sentence is commuted to a sentence of imprisonment for a term of years, the sentence shall be deemed to have been commenced on the date the sentence of death was passed.

Ofcer in charge responsible for due 94.

The ofcer in charge shall be responsible for the due release of all release of prisoners.

prisoners immediately on their becoming entitled to release, whether from expiration of the period of their sentences or by pardon or commutation or remission of sentence earned under the Act, and, to ensure accuracy in regard to such remissions, he shall, at least one month before the date of release of a prisoner, check the remission earned by each prisoner.

Calculation of 95.

(1) A prisoner shall be entitled to release on the day after he has remission.

completed the period of his sentence less any remission which he has earned.

(2) Where a prisoner is serving consecutive terms of imprisonment, the aggregate of all the terms shall be treated as one term for the purposes of remission.

(3) Where a prisoner is serving terms of imprisonment which overlap, then for the purposes of remission the total period of his imprisonment shall be treated as one term.

(4) Whenever a capital sentence is commuted to a sentence of imprisonment for a term of years, the sentence so commuted shall, for the purposes of the remission system, be deemed to be, and shall be treated as, a sentence passed by court.

(5) Whenever a capital sentence is commuted to a sentence of imprisonment for a term of years, the sentence of imprisonment shall, for the purpose of remission, be deemed to have commenced at the date the sentence of death was passed.

(6) When a prisoner has been sentenced to a ne and imprisonment or to imprisonment in default of the payment of a monetary penalty, he shall earn remission on that part of his sentence which he serves in prison: Provided that he shall earn no remission if he serves no more than a Rev.

2009] Prisons CAP.

90 71 [Subsidiary] month in prison.

(7) A prisoner transferred to a mental hospital or leper settlement shall earn the same remission as if he were in prison.

Remission system 96.

The ofcer in charge shall ensure that the remission system is explained to all prisoners on admission, and, when for any reason remission is to be explained to prisoners.

forfeited, the ofcer in charge shall ensure that a prisoner is made fully aware of such forfeiture.

97.

A record shall be kept for each prisoner earning remission showing Records of remission the sentence, the remission allowed and any forfeiture of remission.

The earliest to be kept.

possible date of release shall be recorded as well as the latest possible date of discharge.

Review of sentences.

98.

(1) The ofcer in charge shall, every month, prepare a report on every prisoner who has during the previous month (a) in the case of prisoners sentenced to be detained during the Presidents pleasure and those sentenced to imprisonment for life, completed two years imprisonment from the date of admission, and thereafter at intervals of one year from the date of sentence; (b) in the case of all other prisoners sentenced to imprisonment of or exceeding seven years, completed four years imprisonment from the date of sentence, and at intervals of two years thereafter; (c) completed serving seven or more years of his sentence and has attained, or is believed to have attained, the age of sixty years.

(2) Each report shall include (a) a statement by the ofcer in charge on the work and conduct of each prisoner; and (b) a statement by the medical ofcer on the mental and bodily condition of each prisoner, with particular reference to the effect of imprisonment on his health.

(3) The officer in charge shall forward every such report to the Commissioner, who shall enter thereon any recommendations he may desire to make and forward it to the Board of Review, and the Board of Review shall advise the President concerning remission of the residue or part of the residue of the prisoners sentence, and shall advise the President at what time or times the case shall again be submitted for consideration.

99.

A compulsory supervision order shall Form of compulsory supervision order.

(a) in the case specied in section 47 (1) (a) of the Act, be in form 1 in the Second Schedule to these Rules; and CAP.

90 72 Prisons [Rev.

2009 [Subsidiary] (b) in the case specied in section 47 (1) (b) of the Act, be in form 2 in the Second Schedule to these Rules, and in form 1 in the Second Schedule to these Rules there shall be impressed thereon the holders photograph and ngerprints.

Parole licence.

100.

Where the Commissioner allows a prisoner to be absent from prison on parole, he shall issue to the prisoner on parole licence in form 3 in the Second Schedule to these Rules.

Pa rt vIIItreatment of sP eCIal Cl assesof Pr Isoners Appellant prisoners.

101.

(1) An appellant prisoner shall be kept, so far as the ofcer in charge considers practicable, apart from other classes of prisoners, but otherwise he shall be subject to these Rules.

(2) (a) Paper and other writing materials to such extent as may appear reasonable to the ofcer in charge shall be furnished to an appellant prisoner for the purpose of communicating with friends on preparing his appeal.

(b) Any condential written communication prepared for his advocate may be delivered personally to the advocate or his clerk, without being previously examined by a prison ofcer.

(c) All other written communications shall be dealt with as letters.

(3) An appellant when appearing in court shall wear his own clothing, and if his own clothing cannot be used the ofcer in charge shall supply him with clothing different from prison clothes.

(4) On the release of an appellant prisoner by order of a court on an appeal, he shall be paid in accordance with a scale to be xed by the Commissioner for any work he has done while in prison, other than work he has been required to do in order to keep his cell, the precincts of his cell, his furniture, his clothing and his utensils clean.

Unconvicted 102.

(1) Unconvicted prisoners may be permitted during their periods prisoners.

of exercise to associate together in an orderly manner under prisoners, such conditions as the Commissioner may direct, but they shall be kept apart from other classes of prisoners.

(2) When in the opinion of the ofcer in charge it is practicable and safe, employment may be provided for unconvicted prisoners, in case they desire it, and they shall be paid in accordance with a scale to be xed by the Commissioner; but in case of misconduct during employment further employment may be refused to any such prisoner.

(3) An unconvicted prisoner on remand or awaiting trial shall be allowed to see a registered medical practitioner appointed by himself or by his relatives or friends or advocates on any week-day during working hours in the prison, in the sight, but not in the hearing, of the ofcer in charge or an ofcer detailed Rev.

2009] Prisons CAP.

90 73 [Subsidiary] by him.

(4) When an unconvicted prisoner wears his own clothing in prison, the medical ofcer may, for the purpose of preventing the introduction or spread of infectious disease, order that the clothing be disinfected, and during the process of disinfection the prisoner shall be supplied with prison clothing.

(5) An unconvicted prisoner, charged, with a capital offence shall be kept under special observation at all times.

(6) All letters written or received by an unconvicted prisoner charged with a capital offence shall be carefully examined by the ofcer in charge personally.

(7) Any privilege allowed under this rule may at any time be withdrawn by the ofcer in charge if he is satised that there has been abuse thereof.

(8) For the purpose of this rule, unconvicted prisoner means any prisoner other than a convicted criminal prisoner.

103.

(1) Notwithstanding any other rule, a prisoner under sentence of Prisoners under death sentence of death.

(a) shall be conned apart from other prisoners, and shall be under constant supervision of a prison officer, both by day and by night; (b) shall be allowed special facilities to correspond with relatives, friends and legal advisers; (c) shall not be required to work; (d) shall be permitted to see a minister of his own religious persuasion whenever practicable.

(2) The cell of a prisoner under sentence of death shall be examined by the ofcer in charge or a prison ofcer detailed by him before it is occupied by such a prisoner.

(3) A cell occupied by a prisoner under sentence of death shall be unlocked only in the presence of two prison ofcers.

104.

(1) No person, except the medical ofcer and prison ofcers (other Access to prisoners than temporary ofcers) in the course of duty and, if required by the prisoner, under sentence of a minister of religion, shall have access to any prisoner under sentence of death death.

without a written order from the Commissioner, and such order shall be granted only to relatives, friends and the legal adviser of the prisoner upon the request of such prisoner.

(2) Notwithstanding any other rule, visits to prisoners under sentence of death by any person for any purpose shall take place in the presence and CAP.

90 74 Prisons [Rev.

2009 [Subsidiary] hearing of not less than two prison ofcers.

(3) For the purpose of this rule a prisoner under sentence of death includes an appellant prisoner under sentence of death.

Execution of 105.

(1) All executions shall be attended by the medical ofcer and prisoners sentenced carried out by a public executioner appointed by the Commissioner or by a to death.

prison ofcer appointed by the Commissioner.

(2) All executions shall be carried into effect in accordance with instructions issued from time to time by the Commissioner.

(3) The ofcer in charge and the public executioner shall make themselves familiar with such instructions, and shall satisfy themselves that every precaution is taken to ensure efciency and despatch and that all appliances are maintained in good condition.

(4) Unless authorized by a written order by the Commissioner, no person shall attend any execution other than the ofcer in charge, the public executioner, the medical ofcer and such other prison ofcers as the ofcer in charge may direct.

Pa rt IXvIsItIng JustICes andthe af ter -Careof Pr Isoners 106.

(1) Visiting justices shall visit the prisons to which they are appointed Visiting justices to visit prisons.

at regular intervals and at any other time they think desirable.

(2) A visiting justice may inspect all wards, cells, separate cells, yards and other rooms and divisions of the prison to which he is appointed and may inspect the prisoners at labour, in hospital or in separate or other cells or wards.

(3) All the books, journals and records of prisoners shall be made available for inspection by a visiting justice.

107.

(1) Normally neither the ofcer in charge nor the next senior prison Ofcers who are to accompany visiting ofcer shall accompany a visiting justice during a visit of inspection, but the ofcer in charge, or in his absence the senior prison ofcer, shall inform him justices.

of any prisoner who wishes to see him, and shall afford him every assistance in his inspection, and shall detail a prison ofcer to accompany him.

(2) No person, other than a prison ofcer or a prison employees, shall be permitted to accompany a visiting justice during the course of an inspection.

108.

A visiting justice shall on every visit hear any complaint which any Visiting justice to hear complaints.

prisoner may wish to make to him, and shall especially inquire into the condition of those prisoners who are undergoing punishment.

Minute book to be 109.

(1) A visiting justices minute book shall be kept in every prison, kept.

and the visiting justices shall record in it their visits and any suggestions or remarks which they may have to make.

Rev.

2009] Prisons CAP.

90 75 [Subsidiary] (2) The ofcer in charge shall forward to the Commissioner a copy of the entries made in the minute book by the visiting justices, together with any comment he may have to make.

110.

(1) It shall be the duty of a visiting justice to enter in the minute Visiting justice to book, and to call the attention of the ofcer in charge to, any irregularity in the call attention to administration of the prison which he discovers or any fault which he nds in irregularities.

the conduct of any prison ofcer or any improvement or repair which he thinks necessary to the prison building.

(2) A visiting justice shall enter in the minute book or such other books as may be provided for that purpose the name and number of any prisoner who has complained to him, the nature of his complaint and his recommendations, if any.

111.

(1) When the visiting justices to any prison have been constituted Boards of visiting as a board, the chairman shall arrange for members of the board to visit the justices.

prison either together or in groups.

(2) When any board of visiting justices make a report, all the visiting justices on the board shall be given an opportunity to see the report and to comment upon it, and to have their comments sent to the Minister with the report.

112.

(1) The Commissioner shall establish in every prison a discharge Discharge board.

board, which shall consist of the ofcer in charge as chairman and such other persons as the Commissioner shall appoint.

(2) A discharge board shall interview all long sentence convicted criminal prisoners within three months of their due date of discharge, and shall decide whether any and, if so, what assistance should be granted to the prisoner with a view to his rehabilitation in civil life.

(3) A sum not exceeding eighty shillings may be awarded by a discharge board to a prisoner who has undergone a sentence of four years or more imprisonment and has shown special zeal and skill, accompanied by exemplary conduct, in any branch of prison industries: Provided that such sum shall be granted only with the approval of the Commissioner, and shall be applied to the purchase of tools and other equipment which will assist the rehabilitation of the prisoner.

113.

A prisoner discharged from a prison outside the district in which he Fares for discharged normally resides shall be provided with free transport to his district.

prisoners.

Pa rt XeX tra mu ral Pe nal em Ployment 114.

(1) Where a person who is ordered to perform public work under Medical examination section 68 (G) of the Act is taken to an authorized Ofcer, that Ofcer shall and documentation cause the person to be medically examined.

of persons ordered to perform public work.

CAP.

90 76 Prisons [Rev.

2009 [Subsidiary] L.N.

371/1991.

(2) An authorized ofcer may cause the ngerprints or photograph, or both, of such a person to be taken at any time.

Records to be kept.

115.

(1) Every authorized ofcer shall maintain a record of persons ordered to perform public work in his district.

(2) The record maintained under paragraph (1) of this rule shall contain the following particulars in respect of every person so employed (a) his name, address, race and tribe; (b) the name of his chief; (c) the length of his sentence or period of detention; (d) the date of commencement of his sentence or period of detention; (e) the date he is due for release; and (f) the work to which he has been directed.

(3) Every authorized ofcer shall also maintain a record containing the names of persons punished or committed to prison or detention under the provisions of section 68 (6) of the Act, the punishment awarded and the reasons for each punishment or commitment.

Persons to perform 116.

A person so ordered to perform public work shall perform such public work.

public work as the authorized ofcer directs; but such person shall not be placed in a position of trust.

Admission to 117.

(1) Any person who, while employed on public work who hospital.

becomes sick shall be medically examined and if necessary shall be admitted to hospital.

(2) Any period spent by such person in hospital shall be reckoned as part of his sentence.

118.

(Deleted by L.N.

371/1991.) Pa rt XICo mPosItIonofthe se rvICeand Co ndItIonsof se rvICeof Pr Ison offI Cersand th eIr dIsCIPlIne Appointment, 119.

The appointment, promotion and terms of service of ofcers of or above the rank of Assistant Superintendent shall be regulated by the Code of promotion of ofcers.

Regulations for Ofcers of the Government Service and such other instructions as the President may from time to time issue.

Delegation of 120.

The powers vested in the President in respect of subordinate prison powers in respect of ofcers in regard to subordinate prison (a) appointment (including promotion and transfers); ofcers.

Rev.

2009] Prisons CAP.

90 77 [Subsidiary] (b) conrmation in a probationary appointment and the extension or termination of such an appointment; (c) engagement for further service on or after completing an initial period of service; (d) retirement on or after reaching the age of fty years; (e) appointment to acting rank; and (f) the passing of a promotion bar, are hereby delegated to the Commissioner, subject to such instructions as the President may from time to time issue.

121.

(1) Any person accepted for enlistment as a senior or subordinate Declaration on enlistment.

prison ofcer by the Commissioner shall answer in his own handwriting such questions as may be put to him by or on behalf of the Commissioner and shall make a declaration in the form set out in the Third Schedule to these Rules.

(2) The declaration referred to in paragraph (1) of this rule shall be made before such member of the Service as the Commissioner may generally or specically appoint, and shall be made in such manner as the declarant states to be most binding on his conscience.

(3) The appointment to the Service of any person required to make a declaration under this rule shall be deemed to have effect from the date he makes the declaration.

122.

Notwithstanding any other provisions of these Rules or any other Prolongation of service in case of rules, any prison ofcer whose period of service expires during a time when an order under section 29 of the Constitution is in force generally or in any war, etc.

part of Kenya may be kept in the Service for such period as the President may direct.

Removal of 123.

Subject to the provisions of any rule made under section 74 of the subordinate prison Act, any subordinate prison ofcer may at any time be removed from the Service by the Commissioner for any of the following reasons ofcer.

(a) on reduction of the establishment of the Service; (b) if the Commissioner considers that he is unlikely to become or has ceased to be an efcient prison ofcer; (c) if he is certied by a medical ofcer to be mentally or physically unt for further service in the Service; (d) for activities or behaviour which the Commissioner considers likely to be prejudicial to peace, good order or good government in Kenya; CAP.

90 78 Prisons [Rev.

2009 [Subsidiary] (e) if the Commissioner considers that it is in the public interest or in the interests of the Service that he should be discharged; or.

(f) if he has been convicted of a criminal offence by a court.

Offences by prison 124.

(1) Any prison ofcer who commits any of the following offences shall be deemed to have committed an offence against discipline ofcers.

(a) absence from duty without good cause; (b) sleeping on duty; (c) neglect or disobedience of orders; (d) being under the inuence of alcohol or drugs, whether on duty, or off duty; (e) insubordination; (f) wilful destruction of or careless loss of or injury to Government property; (g) neglect of duty; (h) malingering; (i) using personal violence to any prisoner save as provided in section 12 of the Act; (j) instigating or permitting any prisoner to commit any crime or offence against prison discipline; (k) allowing an unauthorized person to communicate with a prisoner; (l) borrowing money from or lending money to another prison ofcer; (m) bringing tobacco or spirituous or fermented liquor or any other prohibited article into a prison; (n) being improperly dressed when in uniform; (o) reporting late for duty; (p) losing supervision over prisoners in his charge; (q) selling or making away with any part of his uniform, equipment or accoutrements; (r) destroying, damaging or losing, either on purpose or by neglect Rev.

2009] Prisons CAP.

90 79 [Subsidiary] Government or a prisoners property; (s) trafcking with prisoners; (t) using personal violence towards another prison ofcer; (u) associating with discharged prisoners without the written authority of the ofcer in charge; (v) receiving any fee or gratuity from, or having any business dealing with, a prisoner or a discharged prisoner, with a friend of a prisoner or with a visitor to a prison; (w) making an unauthorized communication concerning the prison to any other person; (x) any other conduct to the prejudice of good order or discipline or the security of a prison.

(2) Any prison ofcer who commits an offence under paragraph (1) of this rule may be arrested without warrant by or on the order of a prison ofcer senior to himself, and the ofcer carrying out the arrest shall forthwith bring him before an ofcer in charge who may, in justiable circumstances, conne such prison ofcer in any building set apart as a guardroom or guardroom cell.

(3) Nothing in this rule shall be construed to exempt any prison ofcer from being proceeded against for any offence by the ordinary course of law.

125.

Any offence against discipline and any other misconduct by a prison Offences by ofcer of or above the rank of Assistant Superintendent shall be dealt with under ofcers of or above the Code of Regulations for Ofcers of the Government Service.

rank ofAssistant Superintendent.

126.

(1) The Commissioner, the Deputy Commissioner, an Assistant Offences by Commissioner or a Senior Superintendent or an ofcer in charge may inquire ofcers below into the truth of any charge under the provisions of rule 124 of these Rules rank of Assistant brought against a prison ofcer below the rank of Assistant Superintendent and Superintendent.

if he nds the accused guilty of the charge he shall convict him and may award any one or more of the following punishments (a) warning; (b) severe reprimand; (c) extra drills not exceeding seven; (d) extra duties not exceeding four; (e) ne not exceeding one-half of one months pay; (f) stoppage, withholding or deferment of any increment of salary for which the ofcer may be eligible; CAP.

90 80 Prisons [Rev.

2009 [Subsidiary] (g) reduction in rank, grade or seniority; (h) dismissal; (i) in case of a charge relating to damage or loss of Government or a prisoners property, payment of the value of the property damaged or lost.

(2) Any punishment imposed by an Assistant Commissioner, Senior Superintendent or an ofcer in charge under one of subparagraphs (e), (f), (g), (h) and (i) of paragraph (1) of this rule shall be subject to conrmation by the Commissioner.

(3) Whether any punishment imposed by an Assistant Commissioner, Senior Superintendent or officer in charge under this rule requires the conrmation of the Commissioner or not, the Commissioner may enhance, vary or remit any punishment so imposed: Provided that (i) no punishment shall be enhanced unless the accused has been given an opportunity of being heard by an ofcer of or above the rank of Senior Superintendent; (ii) no punishment may be awarded more than is prescribed by this rule.

(4) (a) Any punishment awarded under paragraph (1) of this rule may be suspended by the Commissioner for such period, not exceeding six months, as the Commissioner may determine.

(b) Where any punishment has been suspended under this paragraph, the Commissioner shall at the expiration of the period of suspension review the case, taking into consideration reports on the conduct of the ofcer during the period of suspension as may be available.

(c) The Commissioner may thereupon order the punishment to be remitted or reduced, in which case he shall cause any entry relating to the offence which has been made in the records of the offender to be expunged or altered, as the case may be, or he may order the punishment to be forthwith carried into execution.

(d) If during the period of suspension the offender is convicted of a further offence against discipline, the suspended punishment shall forwith be carried into execution.

Appeals against 127.

(1) Any prison ofcer who has been punished with dismissal under dismissal.

rule 126 of these Rules may within seven days after he has been informed of the decision of the Commissioner, appeal to the Public Service Commission against such decision.

Rev.

2009] Prisons CAP.

90 81 [Subsidiary] (2) On any appeal to the Public Service Commission under the provisions of paragraph (1) of this rule the Public Service Commission may, after hearing the appellant or without hearing the appellant, dismiss the appeal or allow it in respect of the conviction or in respect of the punishment, and if the Commission allows it in respect of the punishment alone it may substitute another punishment in place of the punishment of dismissal.

(3) Whenever any person appeals to the Public Service Commission under this rule the Commissioner shall forthwith cause copies of all the proceedings to be sent to the Public Service Commission.

128.

(1) Any prison ofcer below the rank of Assistant Superintendent Appeal to who has been convicted of an offence under rule 126 of these Rules by an Commissioner.

Assistant Commissioner, Senior Superintendent or ofcer in charge may within fourteen days of such conviction appeal to the Commissioner against the conviction or against the punishment or against both the conviction and the punishment.

(2) The Commissioner on receiving any appeal may, after hearing the appellant or without hearing the appellant, dismiss or allow the appeal or vary the conviction or punishment: Provided that it shall not increase or add to the punishment unless the appellant has been given an opportunity of being heard by an ofcer not below the rank of Senior Superintendent.

129.

No prison ofcer shall earn any emoluments in respect of any day No pay during during which he is absent from duty without leave or is undergoing any sentence absence without of imprisonment, unless the Commissioner otherwise orders.

leave or imprisonment.

130.

The Commissioner may dismiss from the Service or reduce in rank Dismissal on any prison ofcer below the rank of Assistant Superintendent who is convicted conviction of of any offence by a court.

criminal offence.

131.

(1) The Commissioner may interdict or suspend from duty any prison Interdiction or ofcer, and any senior prison ofcer may interdict or suspend from duty any suspension.

subordinate prison ofcer, pending any inquiry into the conduct of the ofcer under the Service Commissions Act or the Code of Regulations for Ofcers of the Government Service, or under the Act or any other written law.

Cap.

185.

(2) A prison ofcer shall not, by reason of such interdiction or suspension, cease to be a prison ofcer, but the powers and privileges and benets vested in him as a prison ofcer shall, during his interdiction or suspension, be in abeyance, but he shall continue to be subject to the same discipline and penalties and to the same authority as if he had not been interdicted or suspended.

(3) A prison ofcer under interdiction shall not leave Kenya without the permission of the Commissioner or if the ofcer under interdiction or suspension is of or above the rank of Assistant Superintendent, of the President.

CAP.

90 82 Prisons [Rev.

2009 [Subsidiary] (4) Any prison ofcer who has been interdicted or suspended shall, during the period of interdiction or suspension, be allowed to receive such proportion of his pay not being less than one-half, as the Commissioner or, in the case of a prison ofcer of or above the rank of Assistant Superintendent, the President may think t: Provided that, if the proceedings against the ofcer do not result in his dismissal or conviction for a criminal offence, he shall be entitled to the full amount of the emoluments which he would have received if he had not been interdicted or suspended.

Fines.

132.

(1) All nes or stoppages imposed on a prison ofcer in respect of offences under these Rules may be recovered from the offenders pay due at the time of committing such offence or thereafter accruing due.

(2) The amount recovered in respect of any ne or stoppage or for any other cause authorized by these Rules shall be in the discretion of the ofcer by whom the ne was imposed, but shall in no case exceed one-half of the monthly pay of the offender, and whenever more than one order of stoppage is in force against the same person so much only of his pay shall be stopped as leaves him a residue of at least one-half of his monthly pay.

(3) Where more than one order of recovery is made upon the same person, the order or orders later in date shall, if necessary, be postponed as to their enforcement until the earlier orders have been discharged.

Power to summon 133.

(1) The person conducting an inquiry into a disciplinary offence may witness.

require any person to attend and give evidence before him, and may require the production of any documents relating to such offence by any person attending before him: Provided that no person so required to attend shall be obliged to answer any question which may tend to incriminate him or render him liable to any forfeiture or penalty.

(2) Any person required to attend under paragraph (1) of this rule who without reasonable excuse fails to attend when notied to do so shall be guilty of an offence and liable to a ne not exceeding one hundred shillings.

(3) Any person, other than a person in the public service, required to attend under paragraph (1) of this rule shall be entitled to be paid from the public funds the same allowance as a witness who attends the court of a magistrate in criminal proceedings.

Pa rt XIIdutIes of Pr Ison of fICers General duty of 134.

(1) It shall be the duty of all prison ofcers to carry out their duties and responsibilities in accordance with the Act, these Rules and any standing prison ofcers and penalties.

orders, administrative directions or general or special instructions issued by the Commissioner.

Rev.

2009] Prisons CAP.

90 83 [Subsidiary] (2) Any breach or non-compliance by a prison ofcer with any of the provisions of the Act, these Rules, or any standing orders, administrative directions or general or special instructions issued by the Commissioner to prison ofcers or to a prison ofcer shall be a disciplinary offence and shall be inquired, into and punished in accordance with Part XI of these Rules.

(3) Nothing in this or any other rule shall be so construed as to exempt any prison ofcer from being prosecuted under the Act or any other written law in respect of any act or omission that is an offence under the Act or any other written law: Provided that a prison ofcer shall not be punished twice for the same offence or disciplinary offence.

Books, etc., to be 135.

In carrying out his duties as such, an ofcer in charge shall kept by ofcer in (a) personally keep a journal in which he shall record all events of charge.

importance respecting the prison and prisoners under his charge; and (b) keep or cause to be kept the following books and records (i) a prison record for each prisoner, showing the date of his sentence, the date of the expiry of his sentence, full details of any remission due to him, forfeited by him and restored to him, the earliest date on which he may be released and such other particulars as the Commissioner may require; (ii) a registration book with numbered pages, in which shall be entered in respect of each prisoner received (a) information as to his identity; (b) the reason for his commitment and the authority therefor; and (c) the day and hour of his admission and release; (iii) a daily release book in diary form, in which shall be entered under the proper date the name of each prisoner on admission into prison; (iv) a prisoners property book in a form to be approved by the Commissioner; (v) a prisoners punishment book, in which shall be recorded the name of every prisoner punished for a prison offence, the punishment imposed, the name of the ofcer awarding the punishment and, in the case where a certicate from a medical ofcer is necessary, such certicate; (vi) an imprest account; CAP.

90 84 Prisons [Rev.

2009 [Subsidiary] (vii) an account of receipts and disbursements; (viii) an unofcial visitors book, containing a record of unofcial visitors to the prison; (ix) a visiting justices minute book; (x) an ofcial visitors book; (xi) a list of books and documents committed to his care; and (xii) such other books and records as the Commissioner may direct.

Duties of ofcer in 136.

An ofcer in charge shall charge as to visits.

(a) visit every part of his prison at least once a day; (b) see every prisoner at least once in every twenty-four hours; (c) visit every part of the prison at night at an uncertain hour at least twice in every week; and (d) at least twice a week visit the prisoners at their meals, and investigate any complaints as to the prisoners food, and remove any just cause of complaint.

Duties of ofcer in 137.

The ofcer in charge shall charge as to health.

(a) ensure so far as is practicable that the medical ofcers instructions and recommendations in regard to any prisoner are carried out; (b) pay special attention to prisoners in hospital or undergoing punishment; (c) upon the dangerous illness of any prisoner, give immediate notice thereof to the most easily accessible known relative of the prisoner; (d) upon the death of any prisoner, give immediate notice thereof to the nearest magistrate empowered to hold an inquest, and to the relatives of the deceased, and shall also, as early as he conveniently can, report the death to the Commissioner; (e) without any delay, report to the medical officer and to the Commissioner any case of mental disorder or apparent mental disorder; and (f) without delay, report to the Commissioner any case in which the medical ofcer is of the opinion that the mental state of any prisoner Rev.

2009] Prisons CAP.

90 85 [Subsidiary] is becoming impaired or enfeebled by continued imprisonment, or that the life of any prisoner will be endangered by further imprisonment, or that any prisoner will not survive his sentence or is totally and permanently unt for prison discipline.

Duties of ofcer in 138.

The ofcer in charge shall charge as to custody.

(a) cause to be examined frequently the state of the cells, bedding, locks, bolts and bars and seize all prohibited articles; (b) receive reports accounting for all prisoners in his custody night and morning at the closing and opening of the prison, and on locking up on return from labour each morning and afternoon; (c) report to the Commissioner all escapes, serious assaults, outbreaks of diseases and other occurrences of an unusual or serious nature; and (d) in the case of a sudden emergency, take such immediate steps as he may consider necessary to restore the position to normal.

Ofcer in charge to 139.

The ofcer in charge shall take an early opportunity to interview all prisoners after their reception, and he shall again interview them prior to interview prisoners.

discharge.

Petitions to be 140.

The ofcer in charge shall, without delay, submit to the Commissioner any petition received from a prisoner.

forwarded.

Absence of ofcer in 141.

(1) The ofcer in charge shall not be absent for a night without the previous consent in writing of the Commissioner, and his leave of absence shall charge.

be entered in his journal.

(2) Subject to the directions of the Commissioner, in the absence of the ofcer in charge the senior prison ofcer present shall be in charge of the prison and shall be responsible for the duties of the ofcer in charge.

Chief ofcer or 142.

(1) In every prison there shall if practicable be a chief ofcer or principal ofcer.

principal ofcer, who shall be the principal discipline ofcer of the prison and shall be responsible to the ofcer in charge for ensuring that within the prison all laws, rules and orders are strictly observed and that proper discipline is maintained throughout the prison, and shall carry out any duties that may be specially assigned to him by the ofcer in charge.

(2) In the absence of the chief ofcer or principal ofcer, the next senior ofcer shall be responsible for performing his duties.

Journal and records 143.

(1) The chief ofcer or principal ofcer shall keep to be kept by chief (a) a journal in which he shall record all such matters as he is required ofcer or principal to record and all other occurrences of importance within the prison, ofcer and books in these entries he shall date and sign daily.

his custody.

CAP.

90 86 Prisons [Rev.

2009 [Subsidiary] The entries shall in particular include (ii) the actual times at which prisoners go to labour, return from labour, go to exercise and return from exercise; (iii) what parts of the prison are searched and the names of the ofcers detailed for the purpose; (iv) the names of the ofcers deputed daily to supervise ordinary visits to prisoners; (v) the particulars of any special visit paid, and the names of the ofcers detailed to supervise it; (vi) particulars of escorts dispatched and by whom inspected; (vii) hours of opening and nal closing of the prison, and checking of keys; and (viii) any unusual or important occurrence; (b) a record of the location of every prisoner; (c) a record of the work upon which the prisoners have been employed; (d) an account of the estimated value of the labour of prisoners; (e) an inventory of all furniture and moveable property belonging to the prison; (f) an ammunition ledger; (g) a record of all arms belonging to the prison; and (h) a list of books and documents committed to his care.

(2) The chief ofcer or principal ofcer shall be responsible for the safe custody of all journals, registers, records, papers, books and documents in the prison committed to his care.

Special duties of 144.

The chief ofcer or principal ofcer shall chief ofcer or principal ofcer.

(a) be present at the unlocking of the prisoners in the morning and supervise their distribution to labour; (b) visit and inspect the whole of the prison and see every male prisoner at least twice in every twenty-four hours, and in default of such daily visits and inspections he shall record in his journal how far he has omitted them and the cause of such omission; Rev.

2009] Prisons CAP.

90 87 [Subsidiary] (c) ensure that everything in the prison is clean and in good order and that the means of security in the different yards and throughout the prison are effective; (d) ensure that every prisoner is strictly searched on admission, and that any prohibited article or anything that in his opinion is objectionable, or likely to facilitate escape, is taken from the prisoner; (e) check the keys in the custody of the gatekeeper at the opening and closing of the prison each day; (f) twice daily, and as often as may be ordered, visit every party of prisoners while at work inside the prison and see that discipline and order are maintained among them and report thereon as may be directed by the ofcer in charge; (g) inspect every part of the prison at least twice a week between the hours of 11 p.m.

and 5a.m.

and record in red ink in his journal the time of such visit and the condition of the prison; when visiting a womens prison or part of a prison used by women, he shall be accompanied by a woman prison ofcer; (h) ensure that every prisoner having a complaint to make or a request to make to him has an opportunity of doing so, and shall either take steps as may appear to him necessary to redress any grievance or shall report the same to the ofcer in charge; he shall further take care that any prisoner desiring to appeal to the Commissioner, or to the ofcer in charge, or to any visiting justice, shall have the opportunity of doing so; (i) daily inspect and superintend the issuing of the prisoners meals and, whenever possible, weigh the rations supplied to the prison when delivered by a contractor; a record shall be made of such checks in a book kept for the purpose; (j) ensure that every article of food supplied for the use of the prisoners is sound and of good quality, and that the scales, weights and measures in use in the prison are accurate and in proper order, and shall take special care to see that the rations issued are strictly in accordance with the prescribed scales of diet and that every prisoner receives the diet to which he is entitled; (k) open the prison every morning for the parade of prison ofcers, and himself detail all discipline ofcers for their duty and satisfy himself that the orders are properly carried out; (l) ensure that the duties of the ofcer in charge in regard to punishments are carried out and that prisoners in close connement have such exercise as has been ordered; and (m) communicate to the ofcer in charge every circumstance which CAP.

90 88 Prisons [Rev.

2009 [Subsidiary] may come to his knowledge likely to affect the security, health or discipline of the prisoners, or the efciency of the prison staff, or anything which may in any way require his attention.

Duties of chief 145.

(1) The chief ofcer or principal ofcer shall report immediately to the medical ofcer and to the ofcer in charge any case of apparent mental ofcer or principal disorder.

ofcer as to sick prisoners.

(2) The chief ofcer or principal ofcer shall report to the medical ofcer the illness of any prisoner, and shall deliver daily to the medical ofcer, a list of prisoners who are ill or who complain of illness and a list of prisoners detained in cells.

(3) The chief ofcer or principal ofcer shall carry into effect all written directions the medical ofcer respecting alterations in the diet or treatment of any prisoner, and shall see that no prisoner is ordered to labour until the medical ofcer has certied that the prisoner is t for such labour.

Absence of chief 146.

(1) The chief ofcer or principal ofcer shall not be absent from his quarters at night during the hour when the prison is closed without permission ofcer or principal from the ofcer in charge.

ofcer.

(2) The chief ofcer or principal ofcer shall enter in his journal in red ink every absence from his quarters at night; and if absent without leave he shall report the absence and the excuse for it to the ofcer in charge as soon as possible.

Relief of subordinate 147.

The chief ofcer or principal ofcer may temporarily relieve any subordinate prison ofcer from duty and exclude him from the prison in case ofcer from duty.

of misconduct, but shall report the particulars without delay to the ofcer in charge.

Duties of gatekeeper.

148.

(1) In every prison there shall be a gatekeeper, who shall not allow any person who is not a prison ofcer or a prisoner to enter the prison without the sanction of the ofcer in charge given verbally or in writing: Provided that the following persons shall be entitled to admission to the prison at any time without such sanction (i) a Minister; (ii) a judge, magistrate or justice of the peace having jurisdiction in the place where the prison is situate; (iii) a visiting justice of the prison.

(2) Every gatekeeper shall (a) keep a record of all persons other than prison ofcers entering or leaving the prison, and he shall require all such persons to write their names in a book to be provided for the purpose; Rev.

2009] Prisons CAP.

90 89 [Subsidiary] (b) not allow any person other than a prison ofcer to enter the prison without being accompanied by a prison ofcer except as otherwise provided; (c) not allow any prisoner to pass out of the gate unaccompanied by a prison ofcer; (d) examine the orders for the admission of prisoners visitors, checking their names, and in case of any doubt as to the identity of the visitor he shall refer the matter to the chief ofcer or principal ofcer; (e) ascertain the names of all workpeople who may be working in the prison, and warn them that they are not allowed to speak to or give any thing to any prisoner without proper authority; (f) satisfy himself that workpeople passing out of the prison corresponding to those who enter; (g) take charge of all letters, parcels and other articles sent for any prisoner and deliver them to the chief ofcer or principal ofcer; (h) examine all articles brought into the prison, and shall stop and prevent any person bringing prohibited articles into the prison; (i) not allow any article whatever to be taken out of the prison without the permission of the chief ofcer or principal ofcer and the production of a gate pass duly signed.

149.

(1) All prison ofcers shall live in such quarters as the Commissioner Living quarters of may assign to them; and they shall not sleep out of such quarters without the prison ofcers.

permission of the ofcer in charge.

(2) No prison ofcer living within a prison shall permit any person who is not a regular member of his household to remain for the night in his quarters without the permission of the ofcer in charge.

150.

Any prison ofcer below the rank of principal ofcer who is disabled Illness of prison from the regular performance of his duties by illness shall report the fact to the ofcer.

chief ofcer or principal ofcer, and if unable to appear in person shall remain in his quarters until seen by the medical ofcer, who may, if necessary, order his removal to a hospital.

151.

No prison ofcer shall, whilst in charge of prisoners outside a prison, leave such prisoners under any pretext whatsoever from the time of Prison ofcer not to their departure from the prison until they return to the prison nor shall he for leave prisoners when any purpose whatsoever enter any house, store, yard or premises, not being outside prison.

the place appointed for the labour of such prisoners, within the period during which he is in charge of the prisoners.

152.

A prison ofcer shall check all keys when handing or taking CAP.

90 90 Prisons [Rev.

2009 [Subsidiary] Checking of keys.

over, and report immediately any defect, and see that no prison key is, in any circumstances, allowed to pass into the possession of any prisoner or unauthorized person.

153.

All prison ofcers below the rank of Principal Ofcer on being Duties on handing relieved from any particular duty or transferred to another part of the prison, over.

shall point out to their successor all matters of special importance connected with their duties, and explain any directions of the superior ofcers affecting any particular prisoner.

154.

(1) Every prison ofcer shall make an immediate report to his Information to be superior ofcer of any misconduct, disobedience to rule, or abuse or impropriety given to superior which comes to his knowledge.

ofcers.

(2) A prison ofcer below the rank of Principal Ofcer shall without delay inform the ofcer in charge or the chief ofcer or principal ofcer of the name of any prisoner who desires to see him, or to make complaint, or to prefer any request to superior authority.

155.

A prison ofcer below the rank of Principal Ofcer shall be Counting of responsible for the safe custody of prisoners under his charge, and with this prisoners.

in view he shall count the prisoners at least once every half hour, and in addition (a) on receiving charge of a party of prisoners; (b) on handing over charge of a party of prisoners; (c) on leaving any building or work.

156.

No prison ofcer shall enter a prisoners cell or ward at night without being accompanied by another prison ofcer except in cases of imperative Prison ofcer not to enter cells or wards necessity, and where he does enter without being so accompanied he shall make at night alone.

an immediate report to the senior ofcer in the prison, at the time, and shall make a written report to the ofcer in charge as soon as possible.

157.

Every prison ofcer shall direct the attention of the ofcer in charge or the chief ofcer or principal ofcer to any prisoner who may appear not to Prison ofcers to report cases of be in good health, although not complaining of illness, or whose state of mind illness.

may appear deserving of special notice and care, in order that the opinion and instructions of the medical ofcer may be taken on the case.

158.

A prison ofcer below the rank of Principal Ofcer shall not be absent from the prison during hours of duty without leave from the chief ofcer Prison ofcers not to be absent from prison or principal ofcer and before leaving the prison at any time he shall leave his during working keys, arms and books in the place appointed for that purpose.

hours.

159.

A prison ofcer below the rank of Principal Ofcer shall not receive visitors within any part of a prison used by prisoners.

Prison ofcers visitors.

160.

Every person on ceasing to be a prison ofcer shall forthwith Rev.

2009] Prisons CAP.

90 91 [Subsidiary] Uniforms to be deliver up to the ofcer in charge of the prison where he is serving at the time delivered up.

of ceasing to be a prison ofcer every article of uniform and clothing and all arms, accoutrements, ammunition, staves and other effects of every kind belonging to the Government.

161.

All pay of prison ofcers which is forfeited, and all nes inicted Disposal of forfeited upon prison ofcers for disciplinary offences which are tried by prison ofcers, shall be paid into the consolidated fund.

pay and nes.

FIRST SCHEDULE L.N.

540/1997.

Pr Isoners dI et (mo ndayto su nday ) On each 4 days a On each 3 days week a week Carbohydrates / vegetable proteins Grams Grams maize or other cereal 570 570 soya our 20 20 beans 225 ndengu (green grams) 230 Animal proteins fresh meat 200 dried skimmed milk 500 ml.

sugar 20 20 Fats fortied vegetable oil, or fortied 16 16 vegetable ghee Fresh vegetables and fruits green leafy vegetables 120 carrots 90 irish potatoes or sweet potatoes 115 spring onions 30 30 CAP.

90 92 Prisons [Rev.

2009 [Subsidiary] capsicum 30 30 tomatoes 30 lemons 15 Pr Isoners un der es Cort dI et Grams Biscuits 125 Tinned beans 120 ChI ldrens dI et (mo ndayto su nday ) On each 4 days a On each 3 week days a week Carbohydrates / vegetable proteins Grams Grams maize or other cereal 285 285 beans 60 60 bread 40 First Schedule - (Contd.) Animal proteins fresh meat 50 dried skimmed milk 500 ml 500 ml sugar 55 55 salt 55 Fats fortied vegetable oil, or ghee 16 16 spring onions 15 15 tomatoes 30 fruits 1 Rev.

2009] Prisons CAP.

90 93 [Subsidiary] SECOND SCHEDULE (r.

99) (Form 1) COMPULSORY SUPERVISION ORDER No.

of 19.

Granted under the Prisons Act, to Prisoner No.

.

named.

convicted at.

on the ., 19., of the offence of.

.

.

and sentenced to.

as recorded in Case File No.

.

of.

Court.

By virtue of the powers conferred upon me by section 47 of the Prison Act, I hereby order and direct that ., a prisoner at present undergoing a sentence of.

in the.

Prison for the offence of.

.

be placed under compulsory supervision on the.

day of ., 19.

And this shall be full and sufcient authority for the said.

.

to remain under compulsory supervision, subject to the conditions set out hereunder and to the provisions of the aforesaid Act.

Given under my hand and my seal of ofce this.

day of ., 19.

.

Commissioner of Prisons.

DESCRIPTION Age.

Colour.

Height.

CAP.

90 94 Prisons [Rev.

2009 [Subsidiary] Build (i.e.

stout, medium, slender).

Nationality.

Trade or profession.

Caste - Tribe.

Clan.

Village.

District in which born.

Fathers name.

Chiefs name.

Id entIfICatIon ma rks Ph oto Front Face Side Face fI nger Im PressIons rI ght ha nd1.

Right 2.

Right 3.

Right 4.

Right 5.

Right Thumb Forenger Mid.Finger Ring Finger Little Finger left hand 6.

Left 7.

Left 8.

Left 9.

Left 10.

Left Thumb Forenger Mid.Finger Ring Finger Little Finger CONDITIONS ON WHICH COMPULSORY SUPERVISION ORDER IS GRANTED (a) The ngerprints of the holder of the compulsory supervision order shall be imprinted thereon, and such holder shall preserve his order and shall at all times produce it on demand when called upon by a Magistrate or Police Ofcer to do so.

Rev.

2009] Prisons CAP.

90 95 [Subsidiary] (b) The holder of such order shall abstain from any violation of the law.

(c) The holder of such order shall not habitually associate with notoriously bad characters such as reputed thieves, housebreakers, receivers of stolen property and the like.

(d) The holder of such order shall not lead an idle or dissolute life.

(e) The holder of such order shall at the time of his discharge from prison inform the Ofcer-in-Charge of the Prison as to the place where he intends to reside and shall with all convenient speed proceed to such place and shall within forty-eight hours of arrival at such place report himself personally, unless prevented by unavoidable cause, to the ofcer in charge of the nearest Police Station of the district wherein such place is situate.

(f) The holder of such order shall, unless prevented by unavoidable cause, thereafter once in each month report himself personally to the ofcer in charge of the nearest Police Station of the district in which he is residing and shall, unless prevented by unavoidable cause, on every change of residence within the same district notify, either personally or by letter, such ofcer in charge as aforesaid; and on every change of residence from one district to another shall, unless prevented by unavoidable cause, give forty-eight hours notice, either personally or by letter to such ofcer in charge of the Police Station of the district he is leaving, of his intention to leave, and, so far as is practicable, of his exact future address; and shall, unless prevented by unavoidable cause, within fourty eight hours of arrival at his destination within the new district where he intends to reside, report himself personally to the ofcer in charge of the nearest Police Station in such district.

(g) For the purposes of this order the supervisor is the ofcer in charge of the nearest Police Station of the district in which the prisoner is residing.

(h) Any other condition which the Minister may from time to time by rules prescribe.

NOTIFICATION TO POLICE Station Initials Date at which of Police Date Station Initials, notication Ofcer etc.

made to whom made This compulsory supervision order expires on.

.

and should then be returned to the Ofce of the CAP.

90 96 Prisons [Rev.

2009 [Subsidiary] Commissioner of Prisons, Nairobi.

The prisoner has expressed the intention of residing at.

.

.

Commissioner of Prisons.

(r.

99) (Form 2) ComPulsory suPervIsIon order notI Ceto Pe rsons re leasedfrom Pr Ison To.

You will be released from prison on.

The Commissioner of Prisons gives you this notice and hopes that it will help to prevent you from breaking the law and that you will not be sent to prison again.

From the ., 19., until the ., 19., you will be under the supervision of.

So long as you are under supervision you must follow these instructions: 1.

Within.

days of leaving prison you must report to.

2.

You shall not change your address or your employment without the written permission of .or.

.

3.

You must do what.

or.

tells you.

4.

You must not break the law.

If you do not follow the above instructions and do what.

.

or.

tells you, you may be punished.

If you follow these instructions carefully you will be free.

If you nd yourself in trouble go to.

Rev.

2009] Prisons CAP.

90 97 [Subsidiary] or.

and tell him about it.

He will try to help you.

Keep this notice carefully.

If you lose it or if it is destroyed, ask .or.

to give you a fresh copy.

The Commissioner of Prisons wishes you well in the future.

.

Commissioner of Prisons.

Date ., 19.

(r.

100) (Form 3) PAROLE LICENCE AND CONDITIONS No.

.

offICe ofthe Co mmIssIonerof Pr IsonsP.o.

bo X 30175, naIrobI Date., 19.

To:.

You are hereby permitted to be absent on parole from the.

prison for a period of.

days from the ., 19., on the undermentioned conditions: (1) You will proceed to.

[full address] and will not without my consent move from that place.

(2) You will abstain from any violation of the law and will not associate with persons of bad character.

(3) You will report back to the ofcer in charge of the.

prison at.

by.

a.m./p.m.

on the ., 19.

(4) No extension of absence on parole will be granted and should you fail to return at the time stated you will be deemed to have committed an offence.

(5) You will carry this licence during the period you are absent from prison on parole and will produce it whenever you are required to do so by any prison or police ofcer.

(6) You will report to the ofcer in charge of the prison at.

CAP.

90 98 Prisons [Rev.

2009 [Subsidiary] any circumstances in which you may require assistance or advice.

(7) Your attention is drawn to section 49 of the Prisons Act, which reads as follows: (1) A prisoner serving a sentence of imprisonment for a period of four years or more may be allowed by the Commissioner within three months of the date he is due for release on conditions and for reasons approved by the Commissioner to be temporarily absent from prison on parole for a stated length of time which shall not be greater than fourteen days.

(2) The Commissioner or an ofcer in charge may at any time recall a prisoner released on parole.

(3) Any prisoner who fails to return to prison on the completion of the period of his parole or when informed that he has been recalled under the provisions of subparagraph (2) of this paragraph shall be guilty of an offence and may be arrested without warrant and shall be liable on conviction to the same punishment as if he had escaped from prison.

(4) A prisoner when released on parole who contravenes or fails to comply with the conditions imposed upon him shall be guilty of an offence and shall be liable to imprisonment for a period not exceeding six months.

.

Commissioner of Prisons.

_ Declaration by Prison Ofcer I certify that.

has had this notice explained to him in my presence.

.

(Prison Ofcer) Date ., 19.

_ Declaration by Prisoner This notice has been explained to me and I have understood it.

.

Mark or signature of prisoner.

Rev.

2009] Prisons CAP.

90 99 [Subsidiary] Date ., 19.

Space for photograph.

Space for ngerprints.

THIRD SCHEDULE (r.

121) DECLARATION I, ., son of ., do most solemnly and sincerely declare and promise that I will be faithful and bear true allegiance to the President and the Republic of Kenya, and will obey all orders of the President and of the Ofcers placed over me, and will subject myself to all Acts, Rules and Regulations relating to the Prisons Service for the time being in force.

And I hereby declare that I have not at any time served in any capacity in the armed forces of the Republic or in the Kenya Police Force*.

2.

I have had explained to me that it is necessary for me to furnish my correct age on enlistment and I agree to accept the age recorded above as being my correct age for all purposes.

.

Signature or Mark of Recruit.

* In the case where a man has served as mentioned, and is nevertheless enrolled, this paragraph to be deleted.

THE PRISONS (KENYA PRISONS REPRESENTATIVE L.N.

101/1971, ASSOCIATION) RULES L.N.

146/1975.

1.

These Rules may be cited as the Prisons (Kenya Prisons Representative Association) Rules.

2.

There is hereby established an Association, to be known as the Kenya Prisons Representative Association (hereinafter referred to as the Association), and every prison ofcer in the Kenya Prisons Service shall be a member of the Association.

3.

The Association shall have the power to appoint members to the Prisons Council under the Prisons (Prisons Council) Rules, and the power to consider and bring to the notice of the Council all matters affecting the welfare CAP.

90 100 Prisons [Rev.

2009 [Subsidiary] and efciency of the Service, including pay, pensions, and terms and conditions of service.

4.

(1) The ofce bearers of the Association shall be (a) The Chairman; (b) The Vice-Chairman; (c) The Secretary; (d) The Assistant Secretary; who shall be elected annually at every ordinary general meeting of the Association.

(2) Any member of the Association who ceases to be a prison ofcer in the Prisons Service shall also cease to be a member of the Association and, if an ofce bearer, to hold ofce.

5.

(1) There shall be a Joint Executive Committee of the Association (hereinafter referred to as the Committee) which shall consist of all the ofce bearers of the Association and three representatives nominated by each Provincial Branch of the Association established in accordance with rule 7 of these Rules, two of whom shall be from the senior section and one of whom shall be from the junior section.

(2) Ordinary meetings of the Committee shall be held not less than twice each year.

(3) A special meeting of the Committee may be convened by the Chairman whenever he considers it necessary, and after fourteen days notice has been given to the members thereof.

(4) The quorum of the Committee shall be seven members.

(5) Subject to these Rules, the Committee shall regulate its own proceedings.

(6) A casual vacancy in the Committee shall be lled, in the case of a Provincial Branch Representative, by nominee of the appropriate Branch of the Association, and in the case of an ofce bearer, by a member elected by the Committee.

6.

There shall be two Sections of the Association (a) The Senior Section, consisting of senior prison ofcers and subordinate prison ofcers of the rank of Chief Ofcer Grade II and above.

(b) The Junior Section consisting of all subordinate ofcers of the rank of Senior Sergeant and below.

Rev.

2009] Prisons CAP.

90 101 [Subsidiary] 7.

(1) There shall be established a Provincial Branch of the Association, to represent every Provincial Command, to be known as (a) The Nairobi Area Branch, which shall include: the Nairobi Area Provincial Prisons Command and any other prison formations within the area of jurisdiction of the City Council of Nairobi; (b) The Central Province Branch; (c) The Coast province Branch; (d) The Nyanza Province Branch; (e) The Rift Valley Province Branch; (f) The Eastern and North-Eastern Provinces Branch; (g) The Western Province Branch.

(2) Every serving prison ofcer shall be a member of the Provincial Branch of the Association representing the Provincial Command to which he is attached.

(3) There shall be for each Provincial Branch of the Association a sub- committee comprising (a) three members of the Association from the Senior Section of whom one shall be a senior Prisons ofcer, who shall be Chairman; (b) two members of the Association from the Junior Section.

(4) The provisions of paragraphs (2) and (3) of rule 5 of these Rules shall apply to the meetings of each sub-committee.

(5) The quorum of each sub-committee shall be three.

(6) The procedure for election of members to each sub-committee shall be specied by the Committee.

(7) Subject to these Rules, each Provincial Branch of the Association shall regulate its own proceedings.

8.

(1) An ordinary general meeting of the Association shall be held annually.

(2) Three representatives from each Provincial Branch of whom at least one shall be a member of the Senior Section of the Association shall constitute a quorum for a general meeting.

(3) Twenty-one days notice in writing of such meeting shall be given CAP.

90 102 Prisons [Rev.

2009 [Subsidiary] to all members.

(4) The agenda for discussion at such meeting shall include (a) conrmation of the minutes of the previous meeting; (b) the election of ofce bearers; (c) any other matter which the Committee may deem appropriate for discussion or of which notice shall have been given in writing by any member to the Secretary at least twenty-eight days before the date of the meeting.

(5) A special general meeting of the Association may be convened by the Chairman or Vice-Chairman for a specic purpose whenever he considers it necessary and after fourteen days notice in writing has been given to all members.

(6) A special general meeting shall also be convened for a specic purpose upon the written request of the Chairmen of at least three sub-committees, and such meeting be held after fourteen days notice in writing has been given to all members.

deClaratIonmakuenI PrIson IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Vice-President and Minister for Home Affairs, declares that for the purpose of the Act, the area of land described in the Schedule shall be a prison.

sC hedule An area of land measuring approximately 4.85 hectares situated within Makueni Town Council in Makueni District, Eastern Province, the boundaries of which are fenced and more particularly delineated on the Department of Physical Planning reference No.

DPR.

4/89.

deClaratIoneldama ravIne PrIson IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Minister for Home Affairs, Heritage and Sports declares that for the purposes of the Act, the area of land described in the Schedule shall be a prison.

SCHEDULE el dama rav Ine Pr Ison An area of land measuring approximately 0.81 hectares situated within Eldama Ravine Town Council in Koibatek District, Rift Valley Province, the boundaries of which are fenced and particularly delineated on the Department of the Physical Planning reference No.

DPR.

30/79/1A.

Rev.

2009] Prisons CAP.

90 103 [Subsidiary] deClaratIonkabarnet PrIson IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Minister for Home Affairs, Heritage and Sports declares that for the purposes of the Act, the area of land described in the Schedule shall be a prison.

SCHEDULE kabarnet PrIson An area of land measuring approximately 0.72 hectares situated within Kabarnet Municipal Council in Baringo District, Rift Valley Province, the boundaries of which are fenced and particularly delineated on the Department of Physical Planning reference PDPREF: r.b.3/28.17.

deClaratIonkIngoranI PrIson IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Minister for Home Affairs, Heritage and Sports declares that for the purposes of the Act, the area of land described in the Schedule shall be a prison.

SCHEDULE kI ngoranI Pr Ison An area of land measuring approximately 1.140 hectares situated within Mombasa Municipal Council in Mombasa District, Coast Province, the boundaries of which are fenced and particularly delineated on the Department of Physical Planning reference No.

Plot 53 XIV/MIN.

deClaratIon IN EXERCISE of the powers conferred by section 24 of the Prisons Act, L.N.

83/1978.

and in pursuance of a delegation* made under section 38 (1) of the Interpretation and General Provisions Act, the Permanent Secretary, Vice-Presidents ofce and Ministry of Home Affairs hereby declares that the area of land described in the Schedule hereto shall be a prison for the purposes of the Act.

SCHEDULE An area of land measuring approximately 22.90 hectares comprising L.R.

Nos.

714, 716, 717, 718, 719, 729, 721 , 748, 1458, and 1459 respectively, situate four and a half kilometres south-east of Embu Town in Githimu Sub- location, Gaturi Location, Embu District, Eastern Province, the land certicates in respect of which have been surrended to the Registrar of Titles, Nairobi, and the boundaries of which are fenced and more particularly delineated on the Survey Plan, Gaturi/Githimu Sheet Nos.

48, 49, 50, and 51 of the Survey of Kenya 162 cadastral overprint which is signed and deposited in the Survey CAP.

90 104 Prisons [Rev.

2009 [Subsidiary] Records Ofce, Survey of Kenya, Nairobi.

*L.N.

692/1963.

deClaratIon of Pr IsonL.N.

172/1980.

IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Minister for Constitutional and Home Affairs declares that the area of land described in the Schedule shall be a prison for the purposes of the Act.

SCHEDULE An area of land of approximately 357.75 hectares situated three kilometres south-west of Athi River Town in Kajiado District, Rift Valley Province, bearing Land Registration Number 11834 and the boundaries of which are fenced and more particularly delineated on survey plan, meridional district south A.37/911 d9 (1.48/4) which is signed and deposited at the Survey Records Ofce, Survey of Kenya, Nairobi.

Legal Notice No.

264 of 1958 is revoked.

deClaratIonmalIndI PrIson L.N.

36/1982.

IN EXERCISE of the powers conferred by section 24 (1) of the Prisons Act, the Vice-President and Minister for Home Affairs declares that the prison buildings at Malindi* in Kili District shall cease to be a prison.

* L.N.

721/1961.

deClaratIonla muand hI ndI Pr IsonsL.N.

258/1983.

IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Vice-President and Minister for Home Affairs declares that for the purpose of the Act (a) the Prison building at Lamu, in Lamu District, Coast Province* shall cease to be a prison; and (b) the area of land described in the Schedule shall be a prison.

SCHEDULE An area of land measuring approximately eight hundred hectares situated ve kilometres north of Mukowe in Lamu District, Coast Province, the boundaries of which are fenced and more particularly delineated on the approved Hindi Part Development Plan No.

62921/75A which is signed and deposited in the Records Ofce of the Commissioner of Lands, Nairobi.

*L.N.

1690/1954.

Rev.

2009] Prisons CAP.

90 105 [Subsidiary] deClaratIonem buPrIsonsL.N.

113/1985.

IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Vice-President and Minister for Home Affairs declares that for the purpose of the Act (a) the prison building at Embu + known as the Embu Old Prison, Embu District, Eastern Province, shall cease to be a prison; (b) the area of land described in the schedule hereto shall be a prison.

sChedule An area of land of approximately 36.55 hactares situated four and half kilometres South East Town along Embu-Siakago Road in Githumu Sub- location, Embu District, Eastern Provice, the boundaries of which are fenced and more particularly delineated on both Survey of Kenya, 1962 cadastral over print and Embu physical planning Drawing No.

21/78/1 and approved plan No.

76 deposited in the Survey Records Ofce of the Commissioner of Lands, Nairobi.

deClaratIonkIlIfI PrIson L.N.

204/1985.

IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Vice-President and Minister for Home Affairs declares that for the purposes of the Act (a) the Prison building at Kili known as the Kili Prison,* Kili District, Coast Province shall cease to be a prison; and (b) the area of land described in the Schedule shall be a prison.

SCHEDULE An area of land of approximately 37.25 hectares comprising LR 1510/4/R situated within Kili Municipality in Kili District, Coast Province, the Land Certicate of which has been surrendered to the Commissioner of Lands, Nairobi and the boundaries of which are fenced and more particularly delineated on both Survey Plans No.

TP58/1/111/304, Kili Approved Plan No.

23, Zone 420 and Drawing No.

134-CT-1-81 of Kili Township, deposited in the Survey Records Ofce, Survey of Kenya, Ardhi House, Nairobi and Lands Ofce, Mombasa.

*L.N.

721/61.

deClaratIonrumurutI PrIson L.N.

237/1985.

IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Vice-President and Minister for Home Affairs declares that for the purposes of the Act the area of land described in the Schedule shall be a prison.

CAP.

90 106 Prisons [Rev.

2009 [Subsidiary] SCHEDULE An area of land approximately 41 hectares situated within Rumuruti Township on the road to Maralal in Laikipia District, Rift Valley Province, the Land Certicate of which has been surrendered to the Commissioner of Lands, Nairobi and boundaries of which are fenced and more particularly delineated on Department of Physical Planning reference No.

172/67/2 approved Development Plan No.

11 of 15th November, 1967.

deClaratIongarIssa medIum PrIson L.N.

294/1991.

IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Minister for Home Affairs and National Heritage declares that for the purposes of the Act, the area of land described in the Schedule shall be a prison.

SCHEDULE garIssa medIum PrIson An area of land approximately 51.6 hectares, situated within 6 kilometres from Garissa Town on the road to Lamu via Hulughu Divisional Headquarters in Garissa District, North-eastern Province, of which boundaries are fenced and more particularly delineated on Department of Physical Planning reference No.

PDP 326-9-06 and allotment letter No.

34826/IX/110 of 9th November, 1990.

L.N.

136/1993.

deClaratIonmIgorI PrIson IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Minister of Home Affairs and National Heritage declares that for the purposes of the Act, the area of land described in the Schedule hereto shall be a prison.

SCHEDULE mIgorI Pr Ison An area of land of approximately 20.75 hectares situated within Migori Township opposite the Police and Administration Headquarters in Migori District, Nyanza Province, of which boundaries are fenced and more particularly delineated on Department of Physical Planning reference No.

PDP.

133-69-1 dated 11th June, 1969 and approved on the 30th January, 1970.

deClaratIonkw ale Pr IsonL.N.

333/1993.

IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Minister for Home Affairs and National Heritage declares that for the purposes of the Act, the area of land described in the Schedule hereto shall be Rev.

2009] Prisons CAP.

90 107 [Subsidiary] a prison.

SCHEDULE kw ale Pr Ison An area of land of approximately 57.47 hectares situated within 4 kilometres from Kwale Town in Kwale District, Coast Province of which boundaries are fenced and more particularly delineated on Department of Physical Planning reference N.

PDP.

140-1-CT-2-76, dated 21st June, 1976.

deClaratIonsI aya Pr IsonL.N.

334/1993.

IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Minister for Home Affairs and National Heritage declares that for the purposes of the Act, the area of land described in the Schedule hereto shall be a prison.

SCHEDULE sI aya Pr Ison An area of land approximately 20.75 hectares situated within Siaya Township bordering Farmers Training Centre in Siaya District, Nyanza Province of which boundaries are fenced and more particularly delineated on th Department of Physical Planning reference No.

N2/71/1, Plan No.8, dated 12 November, 1971.

deClaratIonkangeta PrIson L.N.

317/1996.

IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Minister for Home Affairs and National Heritage declares that for the purposes of the Act, the area of land described in the Schedule shall be a prison.

SCHEDULE kangeta PrIson An area of land measuring approximately 41.7 hectares situated at Kangeta Trading Center, a kilometer off Maua Meru Road and 7 kilometres from Maua Township in Nyambene District, Eastern Province, the boundaries of which are fenced and particularly delineated on Department of Physical Planning reference No.

3424.

deClaratIonkaJIado PrIson L.N.

138/1999.

IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Minister for Home Affairs, National Heritage, Culture and Social Services declares that for the purposes of the Act, the area of land described in the Schedule shall be a prison.

CAP.

90 108 Prisons [Rev.

2009 [Subsidiary] SCHEDULE kaJ Iado Pr Ison An area of land measuring approximately 1.82 hectares situated within Kajiado Urban Council, 5 kilometres south of Kajiado Town Centre in Kajiado District, Rift Valley Province, boundaries of which are fenced and more particularly delineated on Department of Physical Planning reference No.

DPP/166/71/1.

deClaratIonvoI PrIson L.N.

139/1999.

IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Minister for Home Affairs, National Heritage, Culture and Social Services declares that for the purposes of the Act, the area of land described in the Schedule shall be a prison.

SCHEDULE voI Pr Ison An area of land measuring approximately 25 hectares situated within Voi Town, Taita/Taveta District, Coast Province, the boundaries of which are fenced and more particularly delineated on the Department of Physical Planning reference No.

DPD/REF/ITTA.P.

69/64.

voI Pr Ison An area of land measuring approximately 40.5 hectares situated within 4 kilometres from Voi Town Centre, within Voi Township, Taita/Taveta District, Coast Province, the boundaries of which are fenced and more particularly delineated on the Department of Physical Planning reference No.

DPD/REF/ TTA/64/89/1.

deClaratIonnaIrobI short sentenCe PrIson L.N.

140/1999.

IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Minister for Home Affairs, National Heritage, Culture and Social Services declares that for the purposes of the Act, the buildings described in the Schedule shall be a prison.

SCHEDULE naI robI sh ort se ntenCe Pr Ison The buildings attached to Nairobi Remand and Allocation Prison, which were earlier referred to as Nairobi Detention Camp within the compound of Rev.

2009] Prisons CAP.

90 109 [Subsidiary] Nairobi Remand and Allocation Prison in Nairobi Province, the boundaries of which are fenced and more particularly delineated on Department of Physical Planning reference No.

L.R./20655/2.

deClaratIontambaCh PrIson L.N.

63/2001.

IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Minister for Home Affairs, Heritage and Sports declares that for the purposes of the Act, the area of land described in the Schedule shall be a prison.

SCHEDULE tambaCh PrIson An area of land measuring approximately 0.405 hectares, 11 kilometres from Iten Town Centre, within Tambach Town Council in Keiyo District, Rift Valley Province, the boundaries of which are fenced and more particularly delineated on Department of Physical Planning reference No.

ITN/524/98.

deClaratIonmakuenI PrIson L.N.

85/2004.

IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Vice-President and the Minister for Home Affairs, declares that for the purpose of the Act, the area of land described in the Schedule shall be a prison.

SCHEDULE makuenI PrIson An area of land measuring approximately 4.85 hectares, situated within Makueni Town Council in Makueni District, Eastern Province, the boundaries of which are fenced and more particularly delineated on the Department of Physical Planning reference No.

DPR.

4/89.

.