NCJ Number
158340
Journal
Criminal Law Forum Volume: 6 Issue: 1 Dated: (1995) Pages: 73-102
Date Published
1995
Length
30 pages
Annotation
This paper examines current alternatives to imprisonment in Kenya and suggests likely directions for reform.
Abstract
Current sanctions can be grouped into three categories: repressive, custodial and noncustodial. Noncustodial sentences include punitive, rehabilitative, and restitutionary sanctions. Repressive sentences include capital punishment and corporal punishment. Custodial sentences include imprisonment, imprisonment for default of fine or compensation, detention camps, remand in custody, borstal training, remand homes, and approved schools. Punitive noncustodial sanctions include fines, forfeiture, disqualification, and deportation. Rehabilitative sentences include conditional and absolute discharge, probation, posting of a bond for good behavior, and police supervision. Restitutionary sanctions include compensation, restitution, payment of court costs, extramural penal employment, and reconciliation. Early release can include remission, release on parole, and presidential pardon. Kenyan courts make little use of noncustodial sanctions. Settlement, restitution, and similar approaches should become routine for all minor offenses. The indigenous traditions of community-based dispute resolution should also be reviewed and integrated into the statutory structure. Footnotes