The barriers affecting utilization of community service orders programme in Kenya: a study of Makadara Law Court

Abstract

The main objective of this study was to find out the barrier affecting utilization of Community Service Orders programme in Kenya. It has been observed that community service law has been utilised to some degree but it has not gained popularity as a sentencing option and thousands of convicted petty offenders continues to be sentenced to jail. One of the challenges facing authorities developing the use of alternatives such as community service orders is to ensure that they are utilized and a key feature in community service orders in Kenya has been to expand its use following its introduction.

The study had three specific objectives which included finding out; the extent to which community service law is utilised, the views of actors on effectiveness of community service orders and the factors influencing its utilization. The research questions were derived from the specific objectives. The study adopted a qualitative approach that aimed to explore the impediments affecting the use of community service law. The target population were the magistrate, probation officers and prosecutors working at the Makadara Law Court.

The interviewees were selected on basis of availability and Questionnaires were used to collect data. Interview guides were also used to interview the key informants. The data was coded and analysed both quantitatively and qualitatively and summarized in frequencies, percentages and then presented in tables and pie charts. The interpretation depended on the content of the interviews carried out in the field.

The finding revealed that the programme is beset by numerous challenges which limits its application and concluded that the level of utilisation is low. The study made several recommendations based on the finding which included challenges such as inadequate resources which affect administration of the programme must be addressed and awareness should be created through public forums to stimulate public support and participation in the application of Community Service Law.