Factors influencing success of non custodial sentence in Kenya: a case of Kilifi district in Kilifi County

Abstract

Prison population around the world is increasingly placing enormous financial burdens on governments. There is growing recognition that imprisonment does not achieve some of its most important stated objectives, as well as being harmful to offenders, families and in the long term to the community (UNODC, 2006).UN resolution A/RES/45/110 encourages global courts to shift their sentencing options towards non-custodial punishment following failure of the prison system due to overcrowding and high cost of operation. The modern theorists of crime emphasize community rehabilitation and re-integration. (Lumumba, 2008).UN survey on crime indicates that of 82 countries sampled, 64 million people were convicted (CICP, 2002).Canada on the other hand places 81,000 people on non-custodial sentence every year. This study seeks to establish factors influencing the success of Non-custodial sentence in Kenya. The study seeks to answer three research questions; How does financial commitment affect success of non custodial sentence? What is the role of supervision? And finally the contribution of the community in the success of community based correction. The study is significant to the criminal justice stakeholders. The research design used was across section survey and the researcher used interviews and open ended questionnaire to collect data from 56 respondents sampled from a target of over 140 probationers. The response rate towards this study was 85% as contained in chapter three of the study. Chapter four of the study established that there are factors influencing the success to non-custodial sentence in Kenya specifically Kilifi district. The department receives less than 250 million shillings towards re-integration and rehabilitation of offenders and received less than 30 million for supervision of offenders .The community accounted for 31% of cause of re-offending as despise form the community and 27% financial constrains. Probations officers at 60% level stated that they lacked resources. Supervision was rated at 95% level where officers and probationers had good relationship. The community equally was rated at 40% level in reforming offenders and supported offenders with financial and advisory services. In chapter five the study recommends that the government establishes an independent authority to manage, and co-ordinate Non-custodial sentence with establishment of a sentencing commission in each county. Further research is suggested to be conducted in juvenile justice through longitudinal study, after care, pre-bail supervision and community sentence across the country.