Inside new Correctional Bill that seeks to improve handling of offenders
The Correctional Services Bill, 2025, currently at the public participation stage, is part of ongoing efforts to implement the recommendations of Justice (Rtd) David Maraga’s Taskforce on Police and Prisons Reforms.
Kenyans have been urged to provide their views on a proposed bill seeking to regulate how individuals in correctional facilities are treated during their stay, rehabilitated, and reintegrated into programmes by those responsible for their care.
The Correctional Services Bill, 2025, currently at the public participation stage, is part of ongoing efforts to implement the recommendations of Justice (Rtd) David Maraga’s Taskforce on Police and Prisons Reforms.
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The bill was drafted by the Technical Committee on the Development of the Legal and Policy Framework for Correctional Services in Kenya, following the appointment of its members nine months ago.
The team, led by Dr Christine Obondi, has also published a draft National Correctional Services Policy, which is likewise undergoing public participation in line with the Constitution. Once reviewed, both documents will be tabled before Parliament and the Cabinet for approval before becoming legal frameworks guiding the management of the Kenya Prisons Service (KPS).
The history of the KPS dates back to 1911 when it was established during British colonial rule, deriving its mandate from Section 3 of the Prisons Act (Cap 90).
Although initially modelled after the Indian Prisons Act of 1894, the KPS has undergone several reorganisations over the years, notably the 1960 classification of prisons, which led to the establishment of various types, including Industrial Training Prisons and Central Prisons for Women.
Subsequent legislative reforms introduced a more progressive approach to the treatment and training of inmates, reflecting a shift from punitive measures to rehabilitation-focused practices.
"Despite progress, the Kenyan correctional system continues to face challenges, including overcrowding, inadequate funding, and limited access to rehabilitation services. Ongoing reforms are necessary to address these issues and align the system with the Constitution and international standards for human rights and rehabilitation," the draft policy states.
According to the document, policy and legal gaps in the correctional services present significant challenges to the humane and secure containment of offenders, rehabilitation, the administration of justice, effective supervision, and the social reintegration of offenders.
"The existing laws may not adequately address the complexities of modern crime and rehabilitation needs, leading to inconsistencies in application and enforcement. Challenges such as overcrowding, inadequate healthcare, and poor living conditions highlight the need for stronger legal protections for inmates. The legal framework often falls short in enforcing the rights of offenders, which can hinder effective rehabilitation and lead to recidivism," it adds.
A continued focus on punitive measures over rehabilitative or corrective approaches remains the backbone of the service. The current legal and policy frameworks fail to address the long-standing funding challenges that have contributed to overcrowding, substandard prison facilities, and other pressing concerns.
The bill proposes the establishment of a Probation Council comprising the sitting Permanent Secretary, a High Court judge nominated by the Chief Justice, the Director of Public Prosecutions, the Inspector-General of Police, the Commissioner-General of Prisons, the Director-General of the Kenya Probation Service, and three persons appointed by the Cabinet Secretary—including a retired probation officer and two representatives from civil society organisations dealing with non-custodial offender management.
The council’s responsibilities would include the registration, licensing, and accreditation of private non-custodial facilities upon the recommendation of the Kenya Probation Service; monitoring the implementation of probation service policies; recommending probation officers for promotion and recruitment to the Public Service Commission; mobilising resources and facilitating stakeholder engagement and advising the CS and other agencies on matters relating to the Kenya Probation Service.
The bill also states that prison officers shall have the powers, protections, and privileges of police officers when handling offenders, apprehending escaped prisoners, or responding to attacks on prison facilities.
"The Commissioner-General may, with the approval of the Inspector-General of Police, appoint police officers where the number of prison officers detailed for duty in a prison is insufficient to ensure its good management. A police officer appointed in such circumstances shall have the powers and perform all the duties of a prison officer of the relevant class and, for the purposes of this Act, be deemed to be a prison officer," the bill states.
A prison officer who absents themselves from duty without leave or just cause for a period exceeding 21 days shall, unless proven otherwise, be considered to have deserted the prison service.
The bill further stipulates that any person who directly or indirectly instigates, commands, or solicits any mutiny, sedition, or disobedience to any lawful command of a prison officer—or maliciously attempts to seduce a prison officer from their allegiance or duty—commits an offence and shall, upon conviction, be liable to a fine not exceeding fifty thousand shillings or imprisonment for a term not exceeding one year, or both.
Additionally, the bill proposes the establishment of a National Parole Board with the mandate to grant, deny, and revoke parole, including determining appropriate release conditions.
The board shall comprise no fewer than 30 members, appointed by the President via a Gazette notice. Members shall serve on an ad hoc basis, as required, depending on the volume and distribution of parole applications and hearing requirements at any given time, as determined by the Registrar.
The bill grants the board full independence in discharging its functions, including revoking a parole grant if a parolee reoffends, without the direction or control of any person or authority.
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