Let’s review the prisons policy for a safer Kenya

By AMBROSE OGETO Ngare

Kenya: The current use of prohibited items in our prisons, some of which are used by inmates to terrorise the public, are worrying. I, however, wish to impress upon the public not to view this challenge wholly as a failure of the correctional system or a weakness in any way.

These challenges are usually experienced by correctional institutions at stages of transition from closed circumstances to openness and embracing the human rights approach to safe custody and rehabilitation. There is no doubt Kenya Prisons Service is currently at this stage – the application of the rights approach is evident in efforts currently being made, right from the modern transport, open door policy and improved food rations.

The rights approach is indeed a positive impact. Experience has shown that it becomes a great driver in rehabilitation and safe custody. It also reduces crime as prisoners tend to get help from relatives, friends and associational support upon release.

Its negative impact is that it tends to render the officers helpless and desperate because, more often than not, they are used to a system of controlling inmates by use of force. In this confusion, officers tend to cooperate with prisoners and occasionally reward them with food and permission to keep prohibited items such as mobile phones.

The ultimate result is an underground economy and rampant corruption. Everything is determined by the principles of demand and supply. Services such as communication, drug use and trafficking, homosexuality and even buying of freedom become common. This is further compounded by congestion and poor working conditions of prison staff, which makes it difficult to manage the institutions.

The consequences are attacks such as extortions and threats from our correctional institutions on the outside community. Attempts to aggressively conduct searches by warders will be met with violence as recently reported at the Kamiti Maximum Security Prison where some wardens and inmates were injured. Just like prostitution, drug use and trafficking, the challenges hardly lie in staff dismissals or threats of punishment to the involved parties.

The criminal justice system should decongest prisons through a reduced use of imprisonment as a punishment, affordable bonds, diversion from the mainstream criminal justice system, the power of mercy on inmates weakened by disease and age and eventually eradicating prisons.

The prisons service should also continue improving the working conditions of its officers, train staff on good governance and review the prison policy to house the intended approaches to achieving a safe public.