The Delivery of Community-Based Sentences: The Case of Probation Orders in Kenya
The study on Probation Orders was given impetus by the continued use of costly prison sentences on petty offenders despite the existence of the option of probation sentences which have to a large extent been proven to be beneficial in the socio-economic development of the country. It focused on the: extent of utilization of Probation Orders in Kenya; factors influencing the utilization of Probation Orders by the courts in Kenya; factors affecting the levels of compliance with Probation Orders by offenders; factors shaping public attitudes toward Probation Orders; challenges facing the delivery of Probation Orders in Kenya; and the interventions towards strengthening Probation Orders Sentence in Kenya.
The study recommends that the Judiciary heightens its role in the effective management of the national crime burden (of about Kshs. 3.15 billion a year (that is, Kshs. 175 spent per day in maintaining one prisoner) with respect to funds spent on the estimated 50,000 daily prison inmate population) by way of undertaking full implementation of section 7 and 9 of the Sentencing Policy Guidelines which, among others, prioritize the utilization of non-custodial sentences as a first option of sentencing for petty offenders (especially whose prison sentences would have been three (3) years and below), and focus on the main aim of the Probation Orders sentence of facilitating the reformation and rehabilitation of the offender. Report On Probation Orders In Kenya-Summary of Findings and Recommendations (1)