Effectiveness of Probation and Community Service Order Sentencing on Offenders: a Case Study of Nairobi County

Abstract

The global prison population is increasing and causing enormous financial burdens on governments (UNODC, 2006). There are currently 108 prison facilities in Kenya with over 54, 000 offenders incarcerated (Kenya Prisons Service, 2019). Kenya's prisons were built for 14,000 inmates. Overcrowding has become a major issue with prisons holding close to four times their capacity. The United Nations Resolution A/RES/45/110 encouraged global courts to focus their sentencing options towards non-custodial punishment following failure of the prison system due to overcrowding and high costs of operation. The current study aimed at establishing the effectiveness of probation order and community service order sentencing on offenders in the country. The study sought to establish the strategies used to implement probation and community order sentencing, the role of supervision, and the rate of recidivism of offenders placed on probation and community service order sentence. The research design used was a cross-sectional survey employing secondary sources and primary sources to collate the data gathered on the prison grounds. Interviews and open-ended questionnaire used to collect data from offenders on probation and community service order sentence between 2016 and 2017 were appended. The study resulted in an understanding of the strategies used to implement non-custodial sentencing and community service order in Nairobi County. Factors such as gravity of the offence, criminal history of offender, juvenile cases, character of offender, and protection of the communities from the offender were noted. The rate of recidivism was found to have lowered in 2017 compared to 2016 due to effective supervision, supportive relationships with probation officers, and intense counseling of offenders. The recommendation of the study was an increase of probation officers by the department to reduce burnout. Education and awareness on role of community service and probation to public to dispel negative attitudes towards the program are also important. The indication was that the government should build functional halfway houses to absorb offenders that are waiting to be reconciled with their communities.