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Borstal Institutions Act

The Act Establishes Borstal Institutions And Gives An Explanation On The Detention Process Of Youthful Offenders. In Addition,  It Provides For Offences By Inmates Of Borstal Institutions And Their Penalties.

A borstal institution is a correctional unit for young offenders.

Borstal institutions in Kenya are administered by the Prisons Department and are, therefore, part of the Penal System of Kenya. The Prisons service is to contain and rehabilitate the offenders. It has various vocational rehabilitation programmes in line with offender needs which are administered by prisons officers, chaplains, psychologists, welfare officers, counselors, social workers and medical personnel. The vocational rehabilitation programmes are geared to enable social re-integration of the offenders at the end of their prison terms.

Inmates in this institution are offenders aged between 15 and 18 years and are committed by the courts at the recommendation of probation officers. The commitment period is three years but after one year, the inmates can be released on a special license and are supervised within the community for a period of three years by probation officers.

The Act gives power to the minister to determine the place where a borstal institution should be. He also has powers to dissolve any borstal institution.

Under Section 4 of the Borstal Institutions Act, it is provided that it is the responsibility of the borstal institution to ensure proper sanitary arrangements, supply food, water, clothing and bedding for the inmates. In addition to that, there should be educational and industrial or agricultural training facilities and a proper place for housing and caring for ill inmates.

  • Section 4 of the Borstal Institutions Act provides that it is the responsibility of the borstal institution to ensure proper sanitary arrangements, supply food, water, clothing and bedding for the inmates.

  • In addition to that, there should be educational and industrial or agricultural training facilities and a proper place for housing and caring for ill inmates.

  • The inmates are supposed to sleep in rooms or dormitories as the superintendent directs.

  • The female inmates should be kept separate from the male inmates in different buildings and the female rooms and dormitories should be secured with locks. It is mandatory that female inmates should be attended to by women officers and if at all a male prison officer is to enter the institution; he should be accompanied by a woman prison officer.

  • Before inmates are allocated rooms or dormitories, a medical officer must confirm the number of inmates that may sleep in any one or the rooms or dormitory. These rooms must be confirmed by a medical doctor, time to time, as fit for housing the inmates as provided for under Rule 19. These are the provisions under the Borstal Institutions Subsidiary Legislation, Rule 17.

  • The borstal institution and every room and part thereof shall be kept clean, and every inmate shall keep his room, dormitory, utensils, books and other articles issued for his use, and his clothing and bedding, clean and neatly arranged, as may be ordered and shall clean and sweep the yards, passages and other parts of the borstal institution as he may be ordered. This is provided for under Rule 18.

  • Before a young offender is sentenced, the court should analyze the evidence available on the character and previous conduct of the offender. This is to enable the court evaluate whether the offender is capable of undergoing any form of training in a borstal institution. This is provided for under Sections 5 and 6 of the Borstal Institutions Act.
  • The court (High Court) has the powers of directing that a youth offender who has been serving sentence in prison be sent to a borstal institution. These powers are granted by the Act under Section 7. The court can only give this order if it is satisfied according to Section 5 of the Act, that the offender is receptive to any form of training. Before the court issues any direction in regard to sending such an offender to a borstal institution, it should ascertain that accommodation is available in that institution. The discretion as to which borstal institution the offender should go lies with the Commissioner of Prisons. The Commissioner further has powers to order removal of offender from one institution to another specified institution.
  • An offender is committed to a borstal instution through court process in accordance with the provisions of Sections 5 and 6 as explained above. Rule 20 states that once a young offender has been committed to a borstal institution, the superintendent shall make necessary arrangements to that effect. These arrangements include all the requirements set under Section 4 and Rules 17 – 19 as explained above.

  • On admission, the name, race, tribe, age, weight and particular marks, and any other measurements and particulars as may be required, in regard to an inmate shall be recorded in such as the Commissioner will direct. After every one month, the weight and height of an inmate shall be recorded in accordance with the directions of the Commissioner. Further, an inmate is required to take a birth upon admission and any other time he may be asked to do so. On the day of admission or soon as possible, approximately within 24 hours, an inmate should be examined by a medical doctor who shall record the state of health of the inmate and any other particulars as he may be directed. Once an inmate has been admitted into the institution, he should be provided with sufficient information in his room or dormitory explaining the rules concerning the disciplinary requirements of the borstal institution, earnings and privileges, and to the proper methods of submitting petitions to the President and of making complaints as to food, clothing, bedding and other necessaries. The superintendent, personally or through any other officer should ensure that within 24 hours of admission, the inmate understands the information provided.

  • During admission to a borstal institution, every inmate is searched and any unauthorized material shall be taken from him. These searches should be conducted in a manner that is necessary in discovering concealed materials. Further, a male officer shall only search a male inmate and a female officer a female inmate.

  • If a female inmate has a child, the inmate is admitted into the institution with her child and the child may be supplied with necessaries at the expense of the government. Once the child has attained the age for 4 years they are not allowed to continue residing in the institution. Also a child, who arrangements have been made in regards to its proper care outside the institution, shall not be allowed to reside with the mother in the institution.

  • Any property, that is, money, clothing or any other materials belonging to an inmate and of which they are not allowed to retain in the institution, shall be placed in the custody of the superintendent who shall keep an inventory of the same. This inventory must be signed by the inmate. If any of the properties belonging to the inmate are bulky for storage, they shall not be allowed into the institution. Upon discharge, all the belongings recorded in the inventory shall be returned to the inmate unless they were destroyed as per the Rules. Where the properties are not claimed within a period of six months after release of an inmate or death, the properties shall be destroyed if they are of no use and if they are valuable, the superintendent shall sell them and devote the proceeds to the welfare of the inmates in the borstal institution generally.

  • Any properties belonging to an inmate which may cause or spread diseases or which are perishable, shall be destroyed. Where the clothes of an inmate are too old to an extent that they cannot be used, they shall be destroyed and upon being released the superintendent shall provide the inmate with another set of clothing.

  • If an inmate is being moved from or to a borstal institution, he shall not be exposed to public view unless it is unavoidable or necessary to do so.

 

The Superintendent of a borstal institution is bestowed duties of supervising and controlling all matters concerning the institution.

In carrying out his duties the superintendent shall keep or cause to be kept the following books and records;

  1. an inventory of the furniture and tools in the borstal institution;
  2. a diary, in which all acts, events or occurrences of importance within the borstal institution shall be recorded;
  3. a record of all inmates committed to the borstal institution, showing the date and period of commitment of inmates, the names and addresses of their parents (if known) and their general appearance, race, language, nationality, apparent age, health, height and weight;
  4. a record of the conduct and health of the inmates;
  5. a visitor’s book for the entry of observations by visitors;
  6. an account of all materials purchased for use in the workshops of the borstal institution and the disposal thereof;
  7. a record of all articles manufactured in the borstal institution of all sales of such articles, showing cost of materials, transport and other incidental expenses; and
  8. An inmate’s property book in the form approved by the Commissioner.

In addition to that, the superintendent shall;

  1. exercise a close and constant personal supervision of the whole borstal institution;
  2. visit and inspect every part of the borstal institution once a day where inmates are employed or confined and give special attention to every inmate who for any reason is confined to his room or is a patient in the borstal institution’s infirmary;
  3. visit every part of the borstal institution at night at an uncertain hour at least twice in every fortnight and satisfy himself as to the state of the borstal institution; and
  4. Interview each inmate immediately after admission to the borstal institution and before his discharge.

And In relation to the health of the inmates, the superintendent shall perform the following duties;

  1. ensure so far as is practicable that the medical officer’s instructions and recommendations in regard to any inmate are carried out;
  2. upon the dangerous illness of any inmate, give immediate notice thereof to the most easily accessible known relative of the inmate;
  3. upon the death of an inmate, give immediate notice thereof to the nearest magistrate empowered to hold an inquest, and to the relatives of the deceased, and report the death to the Commissioner;
  4. without delay, report to the Commissioner any case in which the medical officer is of the opinion that the mental state of any inmate is becoming impaired or enfeebled by continued discipline or treatment, or that the life of any inmate will be endangered by further detention, or that any sick inmate will not survive his period of detention or is totally and permanently unfit for the discipline of the borstal institution;
  5. without any delay, report to the medical officer and to the Commissioner any case of mental disorder or apparent mental disorder; and
  6. Pay special attention to the ventilation, drainage and sanitary condition of the borstal institution, and take such measures as may be necessary for the proper maintenance of the borstal institution.

The medical officer shall be responsible for the health of all inmates of the borstal institution, and shall cause all inmates of the borstal institution to be medically examined on such occasions as may be prescribed.

A medical officer may, whether or not an inmate consents thereto, take or cause or direct to be taken such action (including the forcible feeding, inoculation, vaccination or other treatment of the inmate, whether of a like nature or not) as he may consider necessary to safeguard or restore the health of the inmate or to prevent the spread of disease.

During examination of an inmate, the Medical officer shall examine an inmate on each of the following occasions;

  1. on the inmate’s admission to a borstal institution;
  2. before the inmate is required to undergo any class of work of a more strenuous nature than that which he has been certified fit to undertake, and certify whether the inmate is fit to undergo the work;
  3. before the inmate undergoes corporal punishment or any other punishment likely to affect his health, and certify whether the inmate is fit to undergo the punishment;
  4. during the course of infliction of corporal punishment;
  5. before the inmate is discharged from a borstal institution;
  6. Before the inmate is transferred to another borstal institution.

A prison officer on the staff of a borstal institution shall, in relation to the borstal institution and the inmates, have the like powers, protections and duties as are conferred and imposed on him by the Prisons Act (Cap. 90) in relation to a prison and prisoners. These duties include;

  1. they are in charge of stores, that is, safe custody of arms, accoutrements, ammunition, clothing and all other public stores and foodstuff issued and delivered for use at the prison,
  2. arrest anyone they believe is unlawfully deserting the institution,
  3. examine persons and vehicles coming in and leaving,
  4. Take photographs, fingerprints, etc. of inmates.

The Commissioner has powers to order removal of an offender from one institution to another specified institution. This has to be in writing.

i. Removal to hospital – Section 14

The superintendent can order that an inmate be taken to hospital under emergency cases. Also, any other senior officer in the institution can give such an order but with the advice of a medical practitioner as provided for under Section 14 of the Act.

ii. Removal to mental hospital – Section 15

Whenever a medical officer is of the opinion that any inmate is of unsound mind, he may direct that such inmate be removed to a mental hospital and be detained there, and such order shall be authority for the reception of that inmate and for his detention in that mental hospital until removed or discharged as provided for in the Act.

iii. Removal to leper settlement – Section 16

Where a medical officer reports to the commissioner that one of the inmates is a leper, under Section 16 of the Act, the Commissioner will direct that such an inmate be moved to a leper settlement.

 

PUNISHMENT AT BORSTAL INSTITUTIONS

SECTION

OFFICER AWARDING PUNISHMENT

PUNISHMENTS

Section 31

Principal Borstal Officer

awarding deprivation of one or more of the following privileges for a period not exceeding seven days:

  1. playing games;
  2. loss of grade;
  3. Forfeiture of earnings.

Section 32

Superintendent

  1. removal to the penal grade;
  2. deprivation of either or both of the following privileges for a period not exceeding one month – playing games, earnings;
  3. loss of grade for a period not exceeding three months;
  4. confinement in a room for three days;
  5. Such restricted diet as may be prescribed, for a period not exceeding three days.

Section 33

Commissioner

The Commissioner may award an inmate one or more of the following

Punishments:

  1. any award authorized under section 32 of this Act;
  2. deprivation of privileges;
  3. loss of grade;
  4. confinement in a room for not more than fourteen days;
  5. restricted diet as may be prescribed for a period not exceeding fifteen days;
  6. Corporal punishment not exceeding ten strokes.

 

The restricted diet punishment shall only be awarded after a medical doctor directs that it’s fit for the inmate. This opinion can also be given by any other person designed to give such advice. The Act requires that any inmate who is under restricted diet should not perform any work. Further, an inmate shall not be subject to this form of punishment for the second time until after an equal time to that he had spent on such diet has elapsed. This is also stated in Rules 52 and 54.

The corporal punishment shall be carried out until a period of 24hours has elapsed from the time the order was made and after a medical officer directs that the inmate is physically fit to undergo the punishment. A doctor may also advice that the corporal punishment be discontinued in order to prevent injury to the health of the offender. Corporal punishment shall not be inflicted upon any female inmate. Rule 53 (5) and (6) provides that the punishment should be inflicted with a light cane on the buttocks and that it shall not be inflicted by instalments.

An inmate shall not be placed in handcuffs or other mechanical restraint unless it is to prevent the inmate from causing injury to himself, any other person or damaging property or creating disturbance. Any mechanical restraint to be used must be approved by the Commissioner and be certified by the medical doctor that it will not cause any injury to the health of the inmate. This is provided for under Rule 55.

Treatment of inmates – Rules 31 – 49

The officers in the institution are required to punish the inmates in accordance with the provisions of the Act or the subsidiary legislation. The officers are not supposed to work in a manner calculated to provoke an inmate. If at all an officer uses force against an inmate, he shall have the inmate examined by a medical officer and report the incident, immediately, to the superintendent.

Inmate should be given and they should wear clothing as directed by the superintendent. Additional or alternative clothing shall be supplied to an inmate on the recommendation of the medical officer or by order of the superintendent. In addition, every inmate should be supplied with bedding adequate for warmth and health and any additional may be supplied at the recommendation of the medical officer. The clothes and beddings should be washed at least weekly and the bedclothes shall be washed and aired as often as the superintendent directs.

Separation of inmates – Section 18

Section 18 of the Act directs that males and females shall not be detained in the same borstal institution. Rule 17 provides that the inmates are supposed to sleep in rooms or dormitories as the superintendent directs. The female inmates should be kept separate from the male inmates in different buildings and the female rooms and dormitories should be secured with locks.

Employment for inmates – Section 19, Rules 56 – 58

All inmates are liable to perform any work allocated to them as stipulated under Sections 17 and 19. The inmates are required to engage in useful work either on the necessary services of the borstal institutions, or in workshops or on outdoor work. This work should help an inmate earn his livelihood on discharge. Before an inmate is allocated any work to do, a medical officer must certify that the inmate is fit for that type of work. Inmates are required to work for at least 42 hours a week and in addition to that attend educational classes as required. Female inmates shall be employed in association with female inmates and on work suitable for them. Except where the Commissioner otherwise directs, inmates shall not be required to do any work, other than keeping the borstal institution clean and preparing food, on Sundays and public holidays. For each Institution, there is a scheme approved by the Minister (Cabinet Secretary) under which inmates may receive payment for work done.

Inmates participating in the earnings scheme are classified in the following grades

GRADE

INMATE

A

inmates who in the opinion of the Commissioner are of exemplary conduct and are skilled in their trade, and inmates who are placed in a position of trust and responsibility and are promoted by the Commissioner to be prefects;

B

inmates who in the opinion of the superintendent are of good conduct and are semi-skilled in their trade

 

 

C

Inmates who are eligible to participate in the earnings scheme but who are not in grade A or grade B.

 

N/B: Promotion to Grade A shall be made by the Commissioner, and promotion to Grade B by the superintendent.

Board of visitors – Section 20

How appointed; The Board of Visitors for every Borstal Institution are appointed by the Minister (Cabinet Secretary) by notice in the Gazette.

Composition; The board is consists of not less than 10 persons

How often they meet; Every Board of Visitors shall meet at least four times in every year.

Powers – Sections 22 – 24; A board of visitors has the powers of initiating an inquiry as to age. If at any time after a youthful offender has been sent to a borstal institution it appears to the Board of Visitors that the age of the youthful offender is other than that determined by the court and that he was under the age of fifteen years or had attained the age of eighteen years at the time of his conviction, the Board of Visitors shall cause the youthful offender to be taken before a court having jurisdiction to try the offence of which he was originally convicted so that the question of his age may be inquired into anew.

The board of visitors is bestowed with, the powers of observing the conditions of the institution and there after gives recommendations to the Commissioner.

 

Formation; It is a committee created from the board of visitors.

Composition; It comprises members of the Board of Visitors.

How often they meet; Once in month the Committee should visit the borstal institution.

Functions; This visit is used in hearing any complaints from the inmates, examining the punishment book (a book in which the adjudication of disciplinary offences committed by inmates is recorded) and ensuring that no person is illegally detained in the institution.

 

Rule 58 provides that he superintendent may, in his discretion, make special arrangements for the observation by any inmate of his religious and national festivals. The Minister (Cabinet Secretary) may, from time to time, by notice in the Gazette, appoint ministers of any religious faith to be ministers of a borstal institution.

When can an inmate get leave of absence from an institution – Sections 25 – 27, Rules 59 – 61

The commissioner may give an inmate permission to leave the institution for a certain period on any conditions he deems fit, however, in accordance to Rules 59 and 60. He has the powers as well of revoking the permission if the conditions given are not adhered to and order that the inmate be returned into the institution Pursuant to Rule 61.

When may an inmate be discharged from a borstal institution – Sections 28, 48

The Minister (Cabinet Secretary) may order discharge of any inmate from the institution. The superintendent shall be responsible for the due discharge of all inmates immediately upon their becoming entitled to release. No inmate under treatment by the medical officer in a borstal institution shall, except at his own request, be discharged from any borstal institution until, in the opinion of the medical officer; such discharge can be effected without danger to the health of such inmate. 

An inmate, who has been discharged due to expiration of his detention period, shall remain under supervision for a period of one year or any other period as the After-Care Committee may direct. This supervision may be carried out by the superintendent where the inmate was committed or any other person the superintendent shall appoint in writing. Where an inmate fails to follow the instruction set after discharge, the Commissioner to the borstal institution may recall the inmate to the borstal institution in which he was detained before. The Commissioner may also direct in writing that an inmate under supervision to be relieved of such supervision. No one shall in any way interfere with the control or supervision of a license granted. Anyone who contravenes this is guilty of an offence and liable to a fine not exceeding 2500 or imprisonment not exceeding 3 months or both.

Transfer of inmate from borstal to prison – Section 42

When an inmate conducts himself in a manner to render his detention in the institution no longer expedient, he shall be taken to a court having jurisdiction to try the offence of which he was originally convicted, and that court may direct that the inmate, instead of undergoing the residue of his detention in a borstal institution, shall undergo a term of imprisonment not exceeding three year commencing on the day when the inmate began his detention in a borstal institution.

 

Where a court convicts a person of any offence committed during the period of his detention in a borstal institution and sentences him to a term of imprisonment, before passing the term, the court shall take into consideration the period of that person’s detention which remained unexpired at the time the sentencing is being given.

 

A person who is still serving detention in a borstal institution may be removed to or from the institution under the borstal order or removal order or to or from a hospital or other institution, mental hospital or leper settlement under Sections 14, 15 or 16; or to or from a court under Sections 42 or 47 in the custody of an authorized officer, and while being so removed he shall be deemed to be in the lawful custody of such officer.

When an inmate is required as a witness - Section 47

Whenever the presence of an inmate is required by a court, the court may order the superintendent to produce the inmate and the superintendent shall provide for his safe custody during his absence from the borstal institution. The court may on such order require the inmate t be again brought up at any time to which the matter may be adjourned.

The commissioner and the Superintendent may allow any person visit the borstal institution. Any visitor who shows improper conduct will be removed from the institution. The removal is effected by superintendent.

Borstal institution discipline – Section 17, Rules 50 – 51

Every inmate whether or not in the premises of the institution they were allocated, they are subject to the discipline of a borstal institution and to the Borstal Institutions Act and to all rules, orders and directions made during the whole period of his detention.

The minister may prescribe what acts or omissions amount to borstal institution offences. A principal borstal officer, a superintendent, or a Commissioner may punish any inmate guilt of a borstal institution offence. These punishments can only be inflicted upon due inquiry on the guilty of the offender by the one punishing. An inmate shall not be punished until after he has heard the charges against him and he has been given time to defend himself.

Borstal Institutions Offences – Rule 50

The minister may prescribe what acts or omissions amount to borstal institution offences. A principal borstal officer, a superintendent, or a Commissioner may punish any inmate guilt of a borstal institution offence. These punishments can only be inflicted upon due inquiry on the guilty of the offender by the one punishing. An inmate shall not be punished until after he has heard the charges against him and he has been given time to defend himself.

BORSTAL INSTITUTIONS OFFENCES

RULE

OFFENCE

50 (a)

Disobeying an order given by any officer of the Borstal institution

50 (b)

Being idle, careless or negligent or refuse to work

50 (c)

Being indecent in language, act or gestures

50 (d)

Escaping from lawful custody

50 (e)

Rebelling or inciting other inmates to rebel

50 (f)

Committing Assault

50 (g)

Leaving an appointed place (Room or Dormitory or Place of Work) without permission

50 (h)

Wilful Disfiguring or damaging any Part of the borstal institution or any property which is not his own

50 (i)

Committing nuisance

50 (j)

Having in possession unauthorized articles or attempting to obtain such article

50 (k)

giving to or receiving from any person any unauthorized articles

50 (l)

Making repeated and groundless complaints

50 (m)

In any way offends against good order and discipline

50 (n)

Attempting to do any of the offences listed in Rule 50 (a) – (m)

50 (o)

Aiding and abetting any of the offences listed in Rule 50 (a) – (m)

 

 

 

 

Punishment at borstal institution – Sections 31 – 33, Rules 52 – 55

PUNISHMENT AT BORSTAL INSTITUTIONS

SECTION

OFFICER AWARDING PUNISHMENT

PUNISHMENTS

Section 31

Principal Borstal Officer

awarding deprivation of one or more of the following privileges for a period not exceeding seven days:

  1. playing games;
  2. loss of grade;
  3. Forfeiture of earnings.

Section 32

Superintendent

  1. removal to the penal grade;
  2. deprivation of either or both of the following privileges for a period not exceeding one month – playing games, earnings;
  3. loss of grade for a period not exceeding three months;
  4. confinement in a room for three days;
  5. Such restricted diet as may be prescribed, for a period not exceeding three days.

Section 33

Commissioner

The Commissioner may award an inmate one or more of the following

Punishments:

  1. any award authorized under section 32 of this Act;
  2. deprivation of privileges;
  3. loss of grade;
  4. confinement in a room for not more than fourteen days;
  5. restricted diet as may be prescribed for a period not exceeding fifteen days;
  6. Corporal punishment not exceeding ten strokes.

 

The restricted diet punishment shall only be awarded after a medical doctor directs that it’s fit for the inmate. This opinion can also be given by any other person designed to give such advice. The Act requires that any inmate who is under restricted diet should not perform any work. Further, an inmate shall not be subject to this form of punishment for the second time until after an equal time to that he had spent on such diet has elapsed. This is also stated in Rules 52 and 54.

The corporal punishment shall be carried out until a period of 24hours has elapsed from the time the order was made and after a medical officer directs that the inmate is physically fit to undergo the punishment. A doctor may also advice that the corporal punishment be discontinued in order to prevent injury to the health of the offender. Corporal punishment shall not be inflicted upon any female inmate. Rule 53 (5) and (6) provides that the punishment should be inflicted with a light cane on the buttocks and that it shall not be inflicted by instalments.

An inmate shall not be placed in handcuffs or other mechanical restraint unless it is to prevent the inmate from causing injury to himself, any other person or damaging property or creating disturbance. Any mechanical restraint to be used must be approved by the Commissioner and be certified by the medical doctor that it will not cause any injury to the health of the inmate. This is provided for under Rule 55.

 

Offences and Penalties – Sections 40 – 51

OFFENCES AND PENALTIES

SECTION

OFFENCE

INGREDIENTS

PENALTY

Section 40

Assisting escape and harboring

Any person knowingly:

· assists or incites a person in respect of whom a borstal order is in force to escape lawful custody;

· Harbors or conceals such a person who has escaped lawful custody or prevents him from returning.

Liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months, or to both.

Section 41

Trespassing

Any person who without lawful authority:

· enters or remains within the boundaries of a borstal institution or any place where inmates of a borstal institution are working;

· takes a photograph of any inmate of a borstal institution;

· Or takes a photograph or makes a sketch, plan or other representation of any object or person within the precincts of a borstal institution.

Liable to a fine not exceeding two thousand five hundred

shillings or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.

Section 44

Interference with inmate supervision

· Interference with control of person on licence or under supervision.

Liable to a fine not exceeding two thousand five hundred shillings or to imprisonment for a term not exceeding three months, or to both.

Section 49

Supply of prohibited Articles

Any person who without lawful authority:

· conveys, supplies or causes to be supplied or conveyed to any inmate of a borstal institution, or hides or places for the use of any such inmate, any prohibited article; or

· places, where inmates of a borstal institution work, any prohibited article; or

· brings out of or takes into any borstal institution any prohibited article; or

· in any manner communicates with any inmate of a borstal institution,

Liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months, or to both.

 

Section 51

Unlawful possession of public property

Any person who:

· is found in possession of any article which has been supplied to a prison officer on the staff of a borstal institution for use on duty, or of any property belonging to a borstal institution, and who fails to account satisfactorily for the possession thereof; or

· without lawful authority or excuse purchases any such article or property from any such officer; or

· aids and abets any such officer to sell or dispose of any such article or property,

Liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months, or to both.

 

 

COUNTY

BORSTAL INSTITUTION

LEGAL NOTICE

Kiambu

Kamiti Youth Corrective Training Centre

L.N.736/1963

kakamega

Shikusa

L.N.617/1963

Mombasa

Admiralty Radio Station, Shimo la Tewa

L.N.320/1964

Any complaint about the Institution, its officers and how it is conducted can be launched at the Ombudsman offices. The Commission on Administrative Justice (CAJ) also known as the Office of the Ombudsman is a Constitutional Commission established under Article 59 (4) and Chapter Fifteen of the Constitution, and the Commission on Administrative Justice Act, 2011. The Commission has a mandate, inter-alia, to investigate any conduct in state affairs or any act or omission in public administration in any sphere of Government and complaints of abuse of power, unfair treatment, manifest injustice or unlawful, oppressive, unfair or unresponsive official conduct.

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