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Kenya Act or statute

Parliament of Kenya

Prisons Act

The Act may be cited as the Prisons Act. Section 2 provides definitions of terms used in the Act. The Kenya Prisons Service is composed of members appointed under the Act; the Cabinet Secretary ma…

Jurisdiction
Kenya
Structure
76 provisions
Citation
Cap. 90
Dates
As at 31 Dec 2022
More statute details
Dates
As at 31 Dec 2022

Source attribution: Source: Kenya Law

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01

Purpose and legislative effect

“The Act may be cited as the Prisons Act.”

The Act may be cited as the Prisons Act. Section 2 provides definitions of terms used in the Act. The Kenya Prisons Service is composed of members appointed under the Act; the Cabinet Secretary may specify ranks by notice in the Gazette; prison officers have seniority as specified. Section 4 has been deleted by L.N. 124/1964, Sch. The Commissioner is vested with administration of the Service and control and supervision of prisoners, subject to directions of the Cabinet Secretary; the Commissioner may make standing orders and give administrative directions, subject to this Act, from time to time, for observance by all prison officers.

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MISCELLANEOUS - 74. Power to make rules

The Cabinet Secretary has the power to make rules concerning the listed matters relating to prisons and prisoners, and may make different rules for different classes or particular prisons.

Section 74

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Showing 76 of 76 provisions

Provision 40Offence 30Repeal 3Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

The Act may be cited as the Prisons Act.

Section 1. Short title Section This Act may be cited as the Prisons Act.
Section 1Verify source
§ 2PRELIMINARY - 2. InterpretationRepeal

Section 2 provides definitions of terms used in the Act.

Section 2. Interpretation Section In this Act, except where the context otherwise requires— "aggravated prison offence" means an offence declared to be such by rules made under this Act; "appellant prisoner" means any convicted criminal prisoner who is detained in a prison as a result of a conviction which is the subject matter of an appeal which has been entered or lodged but the decision in regard to which has not been given; "Assistant Commissioner" means an Assistant Commissioner of Prisons; "Cabinet Secretary" means the Cabinet Secretary responsible for matter relating to prisons; "civil prisoner" means any prisoner other than a criminal prisoner; "Commissioner" means the Commissioner-General of Prisons; "convicted criminal prisoner" means any criminal prisoner under sentence of a court or a court martial, and includes a person detained in prison under sections 162 to 167 (both inclusive) of the Criminal Procedure Code (Cap. 75); "court" means any court or authority entitled to pass a sentence in a criminal case or to order a person to be detained in custody in any case; "criminal prisoner" means any person duly committed to custody under the writ, warrant or order of any court exercising criminal jurisdiction or by order of a court martial; "Deputy Commissioner" means the Deputy Commissioner of Prisons; "deserter" means a prison officer who absents himself from duty without reasonable cause for a period of twenty-one days or more; "justice of the peace" deleted by ActNo. 10 of 1983, Sch. ; "medical officer" means the medical officer appointed by the Director of Medical Services or other proper officer of the Ministry responsible for Health to be the medical officer of a prison, or, if no medical officer has been so appointed, means the medical officer of the district in which the prison is situated, or in his absence any medical officer; "minor prison offence" means an offence declared to be such by rules made under this Act; "officer in charge" means a prison officer or an administrative officer appointed by the Commissioner to be in charge of any prison; "prison" means a prison established or deemed to have been established under section 24 of this Act; "prisoner" means any person, whether convicted or not, under detention in any prison; "prison officer" means any member of the Kenya Prisons Service of whatever rank; "probation officer" has the meaning assigned to that expression in the Probation of Offenders Act ( Cap. 64 ); "prohibited article" means an article the introduction or removal of which into or out of a prison is prohibited by this Act or by any rules made thereunder; "senior prison officer" means a prison officer of or above such rank as the Cabinet Secretary may specify under section 3 (2) of this Act; "Service" means the Kenya Prisons Service established by the Prisons Act, 1948 (Repealed); "subordinate prison officer" means a prison officer of or below such rank as the Cabinet Secretary may specify under section 3 (2) of this Act; "unconvicted person" means a debtor, and any person on remand or awaiting trial, or detained for safe custody or for want of sureties, who has not been convicted by any court; "visiting justice" means a person appointed to be a visiting justice under section 72 (1) of this Act; "youth corrective training centre" means a youth corrective training centre established under section 66 of this Act. [Act No. 25 of 1971 , Sch., Act No. 10 of 1983 , Sch., Act No. 11 of 2017 , Sch.]
Section 2Verify source

Part II

CONSTITUTION AND ADMINISTRATION

§ 3CONSTITUTION AND ADMINISTRATION - 3. Composition of ServiceProvision

The Kenya Prisons Service is composed of members appointed under the Act; the Cabinet Secretary may specify ranks by notice in the Gazette; prison officers have seniority as specified.

Section 3. Composition of Service Section 3(1) The Kenya Prisons Service shall consist of the members of the Service appointed under this Act. Section 3(2) The Service shall consist of such ranks of senior and subordinate prison officers as the Cabinet Secretary may, by notice in the Gazette , specify, and prison officers shall have seniority as so specified.
Section 3Verify source
§ 4CONSTITUTION AND ADMINISTRATION - 4.[Deleted by L.N. 124/1964, Sch.]Provision

Section 4 has been deleted by L.N. 124/1964, Sch.

Section 4.[Deleted by L.N. 124/1964, Sch.]
Section 4Verify source
§ 5CONSTITUTION AND ADMINISTRATION - 5. Administration of ServiceProvision

The Commissioner is vested with administration of the Service and control and supervision of prisoners, subject to directions of the Cabinet Secretary; the Commissioner may make standing orders and give administrative directions, subject to this Act, from time to time, for observance by all prison officers.

Section 5. Administration of Service Section 5(1) The administration of the Service and the control and supervision of all prisoners shall be vested in the Commissioner, subject to the directions of the Cabinet Secretary. Section 5(2) The Commissioner may, subject to this Act, from time to time make standing orders and give administrative directions for the observance of all prison officers.
Section 5Verify source
§ 6CONSTITUTION AND ADMINISTRATION - 6. Powers of Deputy Commissioner and delegation of powersProvision

Deputy Commissioner may exercise the Commissioner's powers and duties; the Commissioner may delegate his powers to an Assistant Commissioner (subject to any contrary intention).

Section 6. Powers of Deputy Commissioner and delegation of powers Section 6(1) The Deputy Commissioner may exercise any of the powers or perform any of the duties vested in or assigned to the Commissioner by or under this Act or any rules made thereunder or by or under any other written law. Section 6(2) The Commissioner may delegate any of the powers vested in him by this Act or any rules made thereunder or, save where a contrary intention appears therein, by any other written law, to an Assistant Commissioner.
Section 6Verify source

Part III

POWERS, DUTIES AND PRIVILEGES OF PRISON OFFICERS

§ 10POWERS, DUTIES AND PRIVILEGES OF PRISON OFFICERS - 10. Arrest of desertersProvision

Prison officers may arrest persons reasonably suspected of deserting the Service without a warrant and must immediately take them before a magistrate.

Section 10. Arrest of deserters Section Any prison officer may, on reasonable suspicion that any person is a deserter from the Service, arrest such person without warrant and shall forthwith take him before a magistrate.
Section 10Verify source
§ 11POWERS, DUTIES AND PRIVILEGES OF PRISON OFFICERS - 11. Power to examine persons or vehiclesProvision

Prison officers may search people, vehicles and items in or entering/leaving prisons when they suspect prohibited articles or government property; senior officers may refuse admission, order removal and use necessary force; officers may arrest and must hand arrested persons to police as soon as practicable; searches of women must be by another woman.

Section 11. Power to examine persons or vehicles Section 11(1) Any prison officer may examine anything within, or being brought into or out of, a prison, and may stop and search any vehicle or person within a prison, or going into or out of a prison or, whether within or without a prison, any person who, or any vehicle which, is without authority close to a prisoner or prisoners if he has reason to suspect that such person or vehicle is carrying a prohibited article or any property belonging to the Government in use in a prison. Section 11(2) The senior officer on duty in a prison may refuse admission to the prison to any person who is not willing to be searched. Section 11(3) The senior officer on duty in a prison may order any person within a prison who refuses to be searched to leave the prison and, if such person refuses to leave, may cause him to be removed from the prison, and for that purpose may use such force as may be necessary. Section 11(4) If on stopping and searching any vehicle or person under the provisions of subsection (1) of this section a prison officer finds any prohibited article or any property belonging to the Government in use in a prison he may arrest that person or the person on the vehicle who appears to have charge of the article or property and shall as soon as practicable cause any such person to be made over to a police officer or, in the absence of a police officer, to be taken to the nearest police station. Section 11(5) Any search of a woman under this section shall be made by another woman with due regard to decency.
Section 11Verify source
§ 12POWERS, DUTIES AND PRIVILEGES OF PRISON OFFICERS - 12. Use of force by prison officerProvision

Any prison officer may use such force against a prisoner as is reasonably necessary to make him obey lawful orders which he refuses to obey or to maintain discipline, and in specified situations such as escape, breaking out, riotous behaviour, or where life or grave injury is threatened (including use of weapons).

Section 12. Use of force by prison officer Section 12(1) Any prison officer may use such force against a prisoner as is reasonably necessary in order to make him obey lawful orders which he refuses to obey or in order to maintain discipline in a prison. Section 12(2)(a) he is escaping or attempting to escape and refuses, when called upon, to return; or Section 12(2)(b) he is engaged with other persons in breaking out or attempting to break out of any part of a prison and continues to break out or attempts to break out when called upon to desist; or Section 12(2)(c) he is engaged with others in riotous behaviour in a prison and refuses to desist when called upon; or Section 12(2)(d) he is endangering the life of, or is likely to inflict grave injury to, the prison officer or to any other prison officer or person and the use of weapons, including firearms, is the only practicable way of controlling the prisoner:
Section 12Verify source
§ 13POWERS, DUTIES AND PRIVILEGES OF PRISON OFFICERS - 13. Power to take photographs, fingerprints, etc., of prisonersProvision

An officer in charge may have prisoners photographed and take measurements, footprints, palm prints and fingerprints through prison officers or persons authorized by the Commissioner.

Section 13. Power to take photographs, fingerprints, etc., of prisoners Section An officer in charge may cause photographs, measurements, footprints and casts thereof, palm prints and fingerprints to be taken of any prisoner by any prison officer or other person authorized by the Commissioner in that behalf, and where any person refuses to permit his photographs, measurements, footprints or casts thereof, palm prints or fingerprints to be taken, the officer may use or cause to be used such force as may be necessary to secure the photographs, footprints or casts thereof, palm prints or finger prints as the case may be: Provided that the photographs, measurements, footprints and casts thereof, palm prints and fingerprints of a prisoner who is not subsequently convicted shall be destroyed upon the prisoner’s release by the court.
Section 13Verify source
§ 14POWERS, DUTIES AND PRIVILEGES OF PRISON OFFICERS - 14. Non-liability for act done under authority of a warrantProvision

If a prison officer acted in obedience to a warrant produced and proved, the court must enter judgment for the officer; the court need not prove a warrant signature unless it doubts its genuineness, and even if the signature is not genuine the court shall still give judgment for the officer if the officer reasonably believed the signature to be genuine.

Section 14. Non-liability for act done under authority of a warrant Section 14(1) Where the defence to any suit instituted against a prison officer is that the act complained of was done in obedience to a warrant purporting to be issued by a court or other competent authority, the court shall, upon production of the warrant and upon proof that the act complained of was done in obedience to such warrant, enter judgment in favour of such prison officer. Section 14(2) No proof of the signature on a warrant shall be required unless the court has reason to doubt the genuineness thereof; and where it shall be proved that such signature is not genuine, judgment shall nevertheless be given in favour of a prison officer if it is proved that, at the time the act complained of was committed, he believed on reasonable grounds that the signature was genuine.
Section 14Verify source
§ 7POWERS, DUTIES AND PRIVILEGES OF PRISON OFFICERS - 7. General powers and duties of prison officersProvision

Every prison officer must exercise the powers and perform the duties conferred on officers of his class and must obey all lawful directions from his senior officers in relation to executing his office.

Section 7. General powers and duties of prison officers Section Every prison officer shall exercise such powers and perform such duties as are by law conferred or imposed on prison officers of his class, and shall obey all lawful directions in respect of the execution of his office which he may from time to time receive from his senior officers.
Section 7Verify source
§ 8POWERS, DUTIES AND PRIVILEGES OF PRISON OFFICERS - 8. Responsibility of officer in charge for stores, etc.Provision

Every officer in charge must safely keep and account for public stores, money and prisoners' property, subject to this Act and rules, except for loss by unavoidable accident, theft, robbery or lawful use.

Section 8. Responsibility of officer in charge for stores, etc. Section Every officer in charge shall be charged with the safe custody of arms, accoutrements, ammunition, clothing and all other public stores and foodstuffs issued and delivered for the use of the prison, the prison officers and the prisoners under his control, and with all public money for which he may be held accountable, and also, subject to the provisions of this Act, and of any rules made thereunder, with all valuables, money, articles of clothing and other property entrusted to his keeping as being the property of prisoners, and shall account for the same in case of their being lost or damaged otherwise than by unavoidable accident, theft, robbery or lawful use.
Section 8Verify source
§ 9POWERS, DUTIES AND PRIVILEGES OF PRISON OFFICERS - 9. Cases where prison officers have the powers and privileges of police officersProvision

When in charge of prisoners for certain listed purposes, every prison officer has the same powers, protection and privileges as a police officer.

Section 9. Cases where prison officers have the powers and privileges of police officers Section While in charge of prisoners for the purpose of conveying any person to or from a prison, or for the purpose of apprehending any prisoner who may have escaped from a prison, or who may have escaped while being conveyed to or from a prison, or for the purpose of preventing the rescue of any persons in custody or an attack on a prison, every prison officer shall have all the powers, protection and privileges of a police officer.
Section 9Verify source

Part IV

OFFENCES BY PRISON OFFICERS

§ 15OFFENCES BY PRISON OFFICERS - 15. Prison officers not to leave Service without permissionOffence

Prison officers must not leave service, withdraw from duty, be absent without leave or desert the Service unless expressly permitted by the Commissioner or an authorised prison officer; doing so is an offence punishable by a fine up to two thousand shillings or imprisonment up to six months, or both.

Section 15. Prison officers not to leave Service without permission Section 15(1) No prison officer shall leave the Service, withdraw himself from duty or be absent without leave unless expressly permitted to do so by the Commissioner or by some other prison officer authorized to grant such permission. Section 15(2) Any prison officer who leaves the Service, withdraws himself from duty or is absent without leave or deserts the Service shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.
Section 15Verify source
§ 16OFFENCES BY PRISON OFFICERS - 16. Prison officers to be subject to Code of RegulationsOffence

Every prison officer must be subject to the provisions of the Code of Regulations for Officers of the Government Service, so far as those provisions are not inconsistent with this Act or rules or standing orders made thereunder.

Section 16. Prison officers to be subject to Code of Regulations Section Every prison officer shall be subject to the provisions of the Code of Regulations for Officers of the Government Service for the time being in force, so far as the same are not inconsistent the provisions of with this Act or of any rules or standing orders made thereunder.
Section 16Verify source
§ 17OFFENCES BY PRISON OFFICERS - 17. Assault on officer senior in rankOffence

Prison officers must not assault, threaten or insult a senior officer in the Service under the stated conditions, or they commit an offence punishable by a fine up to two thousand shillings, imprisonment up to six months, or both.

Section 17. Assault on officer senior in rank Section Any prison officer who assaults, threatens or insults any officer senior to him in the Service, when such senior officer is on duty or when such assault, threat or insult relates to or is consequent upon the discharge of duty by the officer so assaulted, threatened or insulted, shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.
Section 17Verify source
§ 18OFFENCES BY PRISON OFFICERS - 18. Miscellaneous offences by prison officersOffence

Prison officers must not knowingly allow specified items (e.g. intoxicating liquor, tobacco, bhang, drugs, money, clothing, letters, documents or other articles) to be sold to, received from, or used by or on behalf of any prisoner.

Section 18. Miscellaneous offences by prison officers Section knowingly suffers any intoxicating liquor, tobacco, bhang or hemp, drug, opiate, money, clothing, provisions, letter, document or other article to be sold to or received from or used by or on behalf of any prisoner; or
Section 18Verify source
§ 19OFFENCES BY PRISON OFFICERS - 19. Other offencesOffence

Prison officers and any person with duties regarding prisoners are prohibited from selling or supplying articles to prisoners or prisons, receiving benefits from such sales or supplies, having interests in related contracts or engaging in certain pecuniary dealings or unauthorized communications; contravention is an offence punishable by a fine up to two thousand shillings or imprisonment up to six months or both.

Section 19. Other offences Section 19(1) No prison officer or any person with any duty with prisoners shall sell or supply, or receive directly any benefit or advantage from the sale or supply of, any article to or for the use of any prisoner or for the use of any prison, nor shall any such officer or person directly or indirectly have any interest in any contract or agreement for the sale or supply of any such article. Section 19(2) No prison officer or any person with any duty with prisoners shall directly or indirectly have any pecuniary interest in the purchase of any prison supplies, or receive any discount, gift or other consideration from any contractor for or seller of such supplies, or have any pecuniary dealing with any prisoner or with any friend of any prisoner with regard to him, or on behalf of any prisoner hold any unauthorized communication with any person. Section 19(3) Any prison officer or person who contravenes the provisions of this section shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand shillings or to imprisonment for term not exceeding six months or to both such fine and such imprisonment.
Section 19Verify source
§ 20OFFENCES BY PRISON OFFICERS - 20. Prison officers not to be members of trade unionsOffence

Prison officers must not be members of trade unions or similar associations; contravention can lead to dismissal and loss of pension or gratuity.

Section 20. Prison officers not to be members of trade unions Section 20(1)(a) any trade union or any body or association affiliated to a trade union; or Section 20(1)(b) any body or association the objects or one of the objects of which is to control or influence conditions of employment in any trade or profession; or Section 20(1)(c) any body or association the object or one of the objects of which is to control or influence the pay, pensions, or conditions of service of the Service, other than a staff association or Prison Council established and regulated by rules made under this Act. Section 20(2) Any prison officer who contravenes the provisions of this section shall be liable to be dismissed from the Service and to forfeit all rights to any pension or gratuity. Section 20(3) If any question arises as to whether a body is a trade union, or association to which this section applies, the question shall be decided by the Cabinet Secretary, whose decision shall be final and conclusive.
Section 20Verify source
§ 21OFFENCES BY PRISON OFFICERS - 21. Prison officers not to engage in dealings with prisonersOffence

Prison officers are prohibited from receiving fees, gratuities or engaging in business dealings with prisoners, discharged prisoners, prison visitors or their friends; they are prohibited from corresponding with friends or relatives of prisoners except with officer-in-charge authorization; they must not give certificates for prisoners except when authorized by the Commissioner; they must not convey communications or articles to or from prisoners except under Commissioner orders; contravention attracts a fine up to one thousand shillings or imprisonment up to three months or both.

Section 21. Prison officers not to engage in dealings with prisoners Section 21(1) No prison officer shall receive any fee, favour or gratuity from or have any business dealing with any prisoner, or with any discharged prisoner, or with any visitor to a prison, or with any friend of any such visitor. Section 21(2) No prison officer shall correspond with or have any dealing with any friend or relative of any prisoner, unless expressly authorized so to do by the officer in charge. Section 21(3) No prison officer unless so authorized by the Commissioner shall give any certificate or testimonial to, or in respect of, any prisoner as regards his conduct in prison or otherwise. Section 21(4) No prison officer shall, save in accordance with the orders or directions issued by the Commissioner, convey any communication or article to or from any prisoner. Section 21(5) Any prison officer who contravenes any of the provisions of this section shall be liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.
Section 21Verify source
§ 22OFFENCES BY PRISON OFFICERS - 22. Search of prison officersOffence

Prison officers may be searched on the orders of a senior prison officer; the officer in charge may order the search of a prison officer's quarters at any time.

Section 22. Search of prison officers Section 22(1) A prison officer may at any time be searched on the orders of a prison officer senior in rank to him. Section 22(2) The officer in charge may at any time order the quarters occupied by a prison officer to be searched by a prison officer senior in rank to such officer.
Section 22Verify source
§ 23OFFENCES BY PRISON OFFICERS - 23. Powers of officers holding disciplinary inquiriesOffence

Prison officers conducting disciplinary inquiries can summon and examine witnesses, require documents and adjourn hearings; persons summoned must attend and answer lawfully put questions or face an offence punishable by a fine up to three hundred shillings or up to one month imprisonment, but witnesses need not answer questions that may incriminate them; officers may order Government to pay reasonable witness expenses subject to Criminal Procedure Code rules.

Section 23. Powers of officers holding disciplinary inquiries Section 23(1) Every prison officer inquiring into a disciplinary offence alleged to have been committed by a prison officer shall have power to summon and examine witnesses on oath or affirmation and to require the production of all documents relevant to such inquiry and to adjourn any hearing from time to time. Section 23(2) Any person summoned as a witness under subsection (1) of this section who fails to attend at the time and place mentioned in the summons or on adjournment, or refuses to answer any question lawfully put to him shall be guilty of an offence and liable to a fine not exceeding three hundred shillings or to imprisonment for a term not exceeding one month: Provided that no witness shall be obliged to answer any question which may tend to incriminate him or render him liable to any forfeiture or penalty. Section 23(3) Any prison officer inquiring into a disciplinary offence under this section may order payment on the part of Government of the reasonable expenses of any witness attending before him as though such witness were attending a subordinate court for the purposes of a trial under the Criminal Procedure Code ( Cap. 75 ), and such order shall be made subject to any rules made under section 394 of the said Code, mutatis mutandis .
Section 23Verify source

Part IX

OFFENCES BY PRISONERS

§ 50OFFENCES BY PRISONERS - 50. Prison offencesOffence

The Cabinet Secretary may prescribe which acts or omissions by prisoners are prison offences and classify them as minor or aggravated.

Section 50. Prison offences Section The Cabinet Secretary may prescribe what acts or omissions by prisoners shall be deemed to be prison offences and shall prescribe which of such offences shall be minor prison offences and which shall be aggravated prison offences.
Section 50Verify source
§ 51OFFENCES BY PRISONERS - 51. Punishment of prisoners by officer in chargeOffence

Section 51 authorises the officer in charge to impose specified punishments on prisoners, including confinement on a punishment diet, forfeiture of remission, reductions or forfeiture of privileges, earnings sanctions, and corporal punishment with a cane, subject to prescribed limits and periods.

Section 51. Punishment of prisoners by officer in charge Section 51(1)(a) confinement in a separate cell on the prescribed punishment diet for a term not exceeding such period as may be prescribed; Section 51(1)(b) forfeiture of remission not exceeding such amount as may be prescribed; Section 51(1)(c) reduction in stage, or forfeiture of privileges, or postponement of promotion in stage, or forfeiture of all or part of earnings, or removal from any earnings, or removal from any earnings scheme, or reduction in earnings grade, for such period as may be prescribed. Section 51(2)(a) confinement in a separate cell on the prescribed punishment diet for a term not exceeding such period as may be prescribed; Section 51(2)(b) reduction in stage, or forfeiture of all privileges, or postponement of promotion in stage, or forfeiture of all or part of earnings, or removal from any earnings scheme, or reduction in earnings grade, for such period as may be prescribed. Section 51(3)(a) corporal punishment with a cane not exceeding such amount as may be prescribed; Section 51(3)(b) confinement in a separate cell on the prescribed punishment diet for a term not exceeding such period as may be prescribed; Section 51(3)(c) forfeiture of remission not exceeding such amount as may be prescribed; Section 51(3)(d) reduction in stage, or forfeiture of privileges, or postponement, of promotion in stage, or forfeiture of all or part of earnings, or removal from any earnings scheme, or reduction in earnings grade, for such period as may be prescribed.
Section 51Verify source
§ 52OFFENCES BY PRISONERS - 52. Punishment of prisoners by the CommissionerOffence

Section 52 empowers the Commissioner to punish prisoners found guilty after due inquiry, allows an officer in charge to transfer aggravated cases to the Commissioner (with submission of specified materials), and lists the Commissioner’s possible decisions and prescribed punishments.

Section 52. Punishment of prisoners by the Commissioner Section 52(1) The Commissioner may punish any prisoner, found after due inquiry by him to be guilty of a prison offence. Section 52(2) An officer in charge on finding a prisoner guilty of an aggravated prison offence may, if he is of the opinion that in the circumstances of the case or because of the prisoner’s character the powers of punishment he possesses are inadequate, transfer the case to the Commissioner for punishment. Section 52(3)(a) a copy of the charge; Section 52(3)(b) the record of all the evidence he has taken, including the evidence of the prisoner; Section 52(3)(c) the reasons why he has found the prisoner guilty; and Section 52(3)(d) any representations the prisoner wishes to make to the Commissioner in regard to punishment. Section 52(4)(a) punish the prisoner; or Section 52(4)(b) reverse the findings of the officer in charge and find the prisoner not guilty; or Section 52(4)(c) require the officer in charge to take further evidence and submit it to him prior to his making a decision. Section 52(5)(a) corporal punishment not exceeding such amount as may be prescribed; Section 52(5)(b) confinement in a separate cell on the prescribed diet for such period as may be prescribed; Section 52(5)(c) forfeiture of remission not exceeding such amount as may be prescribed; Section 52(5)(d) reduction in stage, or forfeiture of privileges, or postponement of promotion in stage, or forfeiture of all or part of earnings, or removal from any earnings scheme, or reduction in earnings grade, for such period as may be prescribed. Section 52(6) In this section and in section 51 of this Act the expressions, "reduction in stage" and "postponement of promotion in stage" mean the removal of a prisoner to a lower stage and the postponement of promotion to a higher stage, respectively, in the prescribed progressive stage system.
Section 52Verify source
§ 53OFFENCES BY PRISONERS - 53. Prisoner’s defenceOffence

Prisoners must not be punished for a prison offence until they have been given an opportunity to hear the charge against them and make their defence.

Section 53. Prisoner’s defence Section No prisoner shall be punished for a prison offence until he has had an opportunity of hearing the charge against him and making his defence.
Section 53Verify source
§ 54OFFENCES BY PRISONERS - 54. Medical examination before punishmentOffence

Prisoners must not be subjected to punishment diet or corporal punishment unless a medical officer (or a person they appoint) certifies the prisoner is medically fit.

Section 54. Medical examination before punishment Section 54(1) No prisoner shall be subjected to punishment diet or corporal punishment until certified as medically fit to undergo it by a medical officer or other person appointed for such purpose by the medical officer. Section 54(2) Punishment diet shall not be combined with labour.
Section 54Verify source
§ 55OFFENCES BY PRISONERS - 55. Corporal punishmentSubstitution

Rules on corporal punishment: maximum strokes for youths and adults; Commissioner must confirm sentences and may change them; medical officer must certify fitness and may order prevention or discontinuation; corporal punishment prohibited for female, condemned, and civil prisoners.

Section 55. Corporal punishment Section 55(1) Where corporal punishment is awarded the number of strokes shall be limited to a maximum of ten strokes in the case of persons of or under the apparent age of sixteen years, and in all other cases to eighteen strokes, and shall be inflicted with such type of cane as may be prescribed. Section 55(2) Every sentence of corporal punishment imposed upon a prisoner by an officer in charge shall be subject to confirmation by the Commissioner, who may increase or reduce the number of strokes ordered to be inflicted, or may substitute any other punishment or punishments he is authorized by this Act to award. Section 55(3) No sentence of corporal punishment shall be carried out until a period of twenty-four hours has elapsed from the time of the order thereof nor until a medical officer has certified that the offender is physically fit to undergo such punishment. Section 55(4) A medical officer may give such orders for the prevention of injury to the health of the offender ordered to receive corporal punishment as he may deem necessary, and such orders shall be carried out before the punishment is inflicted; and if, during the course of the infliction of such punishment, the medical officer shall order it to be discontinued, it shall be discontinued accordingly. Section 55(5) Corporal punishment shall not be inflicted upon any female prisoner, nor upon male prisoners under sentence of death, nor upon any civil prisoner. [Act No. 25 of 1971 , Sch.]
Section 55Verify source
§ 56OFFENCES BY PRISONERS - 56. Segregation of prisonerOffence

The officer in charge is permitted to order that a prisoner be segregated and not work or associate with other prisoners when the officer considers it desirable for good order and discipline, for such period as may be necessary.

Section 56. Segregation of prisoner Section Whenever it appears to the officer in charge that it is desirable for the good order and discipline of the prison for a prisoner to be segregated and not to work nor to be associated with other prisoners, it shall be lawful for such officer to order the segregation of such prisoner for such period as may be considered necessary.
Section 56Verify source
§ 57OFFENCES BY PRISONERS - 57. Register of punishmentOffence

The officer in charge must enter in a register a record of all punishments imposed on prisoners, showing each punished prisoner's name, the nature of the offence and the extent of the punishment; the register must be open to inspection by the visiting justices.

Section 57. Register of punishment Section The officer in charge shall cause to be entered in a register, which shall be open to the inspection of the visiting justices, a record of all punishments imposed upon prisoners, showing in respect of each prisoner punished, his name, the nature of his offence, and the extent of his punishment.
Section 57Verify source

Part V

ESTABLISHMENT AND CONTROL OF PRISONS

§ 24ESTABLISHMENT AND CONTROL OF PRISONS - 24. Declaration of prisonsProvision

The Cabinet Secretary may declare buildings or places to be prisons, or declare prisons to cease to be prisons, by notice in the Gazette; 'prison' includes the prison grounds and attached buildings used by prisoners or staff.

Section 24. Declaration of prisons Section 24(1) The Cabinet Secretary may, by notice in the Gazette , declare any building, enclosure or place, or any part thereof, to be a prison for the purposes of this Act, and may, in a like manner, declare that any prison shall cease to be a prison for the purposes of this Act. Section 24(2) Every prison shall include the grounds and buildings within the prison enclosure and also any other grounds or buildings belonging or attached thereto and used by prisoners or the staff of the prison. Section 24(3) In any writ, warrant or other legal instrument in which it may be necessary to describe a particular prison, any description designating a prison by reference to the name of the place or town where it is situated, or other definite description, shall be valid and sufficient for all purposes.
Section 24Verify source
§ 25ESTABLISHMENT AND CONTROL OF PRISONS - 25. Temporary prisonsProvision

If the Commissioner considers that a prison holds more prisoners than can be conveniently kept there and it is not convenient to transfer the excess, this circumstance is stated.

Section 25. Temporary prisons Section it appears to the Commissioner that the number of prisoners in any prison is greater than can be conveniently kept therein and that it is not convenient to transfer the excess number to some other prison; or
Section 25Verify source
§ 26ESTABLISHMENT AND CONTROL OF PRISONS - 26. Officers in chargeProvision

The section designates an "officer in charge" in every prison; that officer must supervise and control the prison, keep records as the Commissioner directs, and is responsible to the Commissioner for staff and prisoner conduct; an administrative officer appointed as officer in charge is subject to the Commissioner's orders and, unless limited in writing, has all powers of an officer in charge.

Section 26. Officers in charge Section 26(1) In every prison there shall be an officer in charge of the prison, who shall be designated "the officer in charge". Section 26(2) Where an administrative officer has been appointed to be an officer in charge of a prison, he shall, in relation to the prison, be subject to the orders and directions of the Commissioner, and shall, subject to any express limitations which may be imposed on him by the Commissioner in writing, have all the powers conferred by law upon an officer in charge. Section 26(3) Every officer in charge shall supervise and control all matters in connexion with the prison to which he is appointed, and shall keep or cause to be kept such records as the Commissioner may from time to time direct and shall be responsible to the Commissioner for the conduct and treatment of prison officers and prisoners under his control, and for the due observance by prison officers and prisoners of the provisions of this Act and of all rules, directions and orders made thereunder.
Section 26Verify source
§ 27ESTABLISHMENT AND CONTROL OF PRISONS - 27. Appointment of police officers to perform the duties of prison officersOffence

If prison staff are insufficient, the officer in charge may temporarily employ police officers with the Commissioner of Police's consent; those police officers will have the powers and duties of prison officers and, where police escort prisoners, they will have equivalent powers, responsibilities and penalties.

Section 27. Appointment of police officers to perform the duties of prison officers Section 27(1) Where in any prison the number of prison officers detailed for duty therein is insufficient to secure the good management and government thereof, it shall be lawful for the officer in charge of such prison, with the consent of the Commissioner of Police, to employ temporarily such number of police officers as he may consider necessary to perform the duties of prison officers in such prison. Section 27(2) Every police officer appointed in pursuance of subsection (1) of this section shall thereupon have all the powers, and perform in such prison all the duties, of a prison officer of the class to which the officer in charge shall appoint and, for the purposes of this Act, shall be deemed to be a prison officer. Section 27(3) Where, on the removal of any prisoner from any prison, the staff of warders is insufficient to provide escort for such prisoner, it shall be lawful for the officer in charge of the prison from which the prisoner is to be removed to deliver the prisoner to any police officer who may be detailed for such duty, and thereupon such police officer shall have the same powers and be subject to the same responsibilities, discipline and penalties and to the same authorities as a prison officer would have and be subject to in like circumstances.
Section 27Verify source
§ 28ESTABLISHMENT AND CONTROL OF PRISONS - 28. Women prison officers and female prisonersProvision

Where any female prisoner is held, a woman prison officer must be present to care for, superintend and discipline female prisoners.

Section 28. Women prison officers and female prisoners Section In any prison in which any female prisoner is imprisoned there shall be a woman prison officer who shall have the care and the superintendence of female prisoners, and who shall be responsible for their discipline.
Section 28Verify source
§ 29ESTABLISHMENT AND CONTROL OF PRISONS - 29. Medical officersProvision

Medical officers must be assigned to every prison, are responsible for prisoners' health and examinations, may undertake medical actions (including forcible feeding, inoculation, vaccination) even without consent when necessary, and actions taken under these powers are lawful.

Section 29. Medical officers Section 29(1) There shall be a medical officer stationed in or responsible for every prison. Section 29(2) The medical officer shall be responsible for the health of all prisoners in a prison and shall cause all prisoners to be medically examined at such times as shall be prescribed. Section 29(3) A medical officer may, whether or not a prisoner consents thereto, take or cause or direct to be taken such action (including the forcible feeding, inoculation, vaccination and any other treatment of the prisoner, whether of the like nature or otherwise) as he may consider necessary to safeguard or restore the health of the prisoner or to prevent the spread of disease. Section 29(4) All actions of a medical officer, prison officer, medical orderly, or other person acting under the provisions of the preceding paragraph, or in pursuance of directions given thereunder, shall be lawful.
Section 29Verify source

Part VI

ADMISSION, CONTROL AND DISCHARGE OF PRISONERS

§ 30ADMISSION, CONTROL AND DISCHARGE OF PRISONERS - 30. Prisoner in custody of officer in chargeProvision

Every officer in charge must keep and detain all persons duly committed to his custody according to the terms of the warrant or until discharged by due course of law.

Section 30. Prisoner in custody of officer in charge Section 30(1) Every prisoner confined in any prison shall be deemed to be in the lawful custody of the officer in charge of the prison and shall be categorized and detained in such manner as to take into account the safety of the prisoner, of the public and of other persons in the prison. Section 30(2) Every officer in charge shall keep and detain all persons duly committed to his custody by any court or other competent authority according to the terms of the warrant or order by which such person has been committed, or until such person is discharged by due course of law. Section 30(3) A prisoner who is being removed or transferred from one prison to another shall, while outside the prison, be kept in the custody of the prison officer directed to convey him and shall be deemed to be in the lawful custody of the officer in charge of the prison at which such prison officer is serving. Section 30(4) Subject to such conditions as may be prescribed, the infant child of a female prisoner may be received into prison with its mother and may be supplied with clothing and necessaries at public expense: Provided that such child shall only be permitted to remain in prison until it attains the age of four years or until arrangements for its proper care outside prison are concluded, whichever shall be the earlier. [Act No. 11 of 2017 , Sch.]
Section 30Verify source
§ 31ADMISSION, CONTROL AND DISCHARGE OF PRISONERS - 31. Detention of remand prisonersProvision

A court may authorize a probation officer to remove a remand prisoner from prison custody, and a prison officer may hand over such a prisoner to that probation officer.

Section 31. Detention of remand prisoners Section A probation officer may be authorized by a court to remove from prison custody any prisoner remanded into such custody, for the purpose of making inquiries at the direction of the court, and it shall be lawful for a prison officer to hand over custody of any such remand prisoner to a probation officer so authorized to remove him.
Section 31Verify source
§ 32ADMISSION, CONTROL AND DISCHARGE OF PRISONERS - 32. Custody of persons under arrestProvision

An officer in charge must bring any person in custody before the court at its next sitting.

Section 32. Custody of persons under arrest Section Every person arrested in pursuance of any warrant or order of any court, if such court is not sitting, may be delivered to an officer in charge for custody and such officer in charge shall cause such person to be brought before the court at its next sitting.
Section 32Verify source
§ 33ADMISSION, CONTROL AND DISCHARGE OF PRISONERS - 33. Prisoners required as witnessesProvision

A court may order the officer in charge to produce a prisoner in proper custody and the officer in charge must bring the named prisoner and provide for the prisoner's safe custody; a prisoner taken out under such an order is to be kept in custody as the officer directs and is deemed to be in lawful custody.

Section 33. Prisoners required as witnesses Section 33(1) Without prejudice to the provisions of section 148 of the Criminal Procedure Code ( Cap. 75 ), whenever the presence of any prisoner is required by any court, such court may issue an order addressed to the officer in charge requiring production before the court of the prisoner in proper custody at the time and place to be named in such order, and the officer in charge shall cause the prisoner named in such order to be brought up as directed, and shall provide for his safe custody during his absence from prison, and every such court may by endorsement on such order require the prisoner named therein to be again brought up at any time to which the matter wherein such prisoner is required may be adjourned. Section 33(2) A prisoner taken from a prison in pursuance of an order made under this section shall, whilst outside the prison, be kept in such custody, including police custody, as the officer in charge may direct and whilst in that custody shall be deemed to be in lawful custody. Section 33(3) Prisoners on remand or committal for trial, who are required to attend any court, may be taken for that purpose into police custody, at the prison to which they have been committed, and shall remain under police supervision and guard until returned to the prison or discharged by the court.
Section 33Verify source
§ 34ADMISSION, CONTROL AND DISCHARGE OF PRISONERS - 34. Prisoners to be subject to prison disciplineProvision

Every prisoner must be subject to prison discipline and to this Act and all rules, orders and directions made thereunder for the whole time of his imprisonment, whether he is or is not within the precincts of any prison.

Section 34. Prisoners to be subject to prison discipline Section Every prisoner shall be subject to prison discipline and to this Act and all rules, orders and directions made thereunder during the whole time of his imprisonment, whether he is or is not within the precincts of any prison.
Section 34Verify source
§ 35ADMISSION, CONTROL AND DISCHARGE OF PRISONERS - 35. Maintenance of certain prisoners from private sourcesProvision

Civil prisoners and unconvicted persons may be allowed to provide for themselves and receive items from private sources subject to examination and conditions the Commissioner sets; items belonging to them must not be given or sold to other prisoners; those who contravene may lose the privilege; prisoners who lack or have unsatisfactory food/clothing shall receive prescribed supplies.

Section 35. Maintenance of certain prisoners from private sources Section 35(1) A civil prisoner or an unconvicted person may be permitted to maintain himself and to purchase or receive from private sources, at proper hours, food, clothing or other necessaries, but subject to examination and to such other conditions as the Commissioner may direct. Section 35(2) No food, clothing or other necessaries belonging to a civil prisoner or an unconvicted person shall be given, hired, loaned or sold to any other prisoner; and any prisoner or person contravening the provisions of this section shall be liable to lose the privilege of purchasing or receiving food, clothing or other necessaries from private sources for such time as the officer in charge may think proper. Section 35(3) If a civil prisoner or an unconvicted person does not provide himself with food or clothing, or if such food or clothing is in the opinion of the officer in charge unsatisfactory, such prisoner or person shall receive the prescribed food and clothing.
Section 35Verify source
§ 36ADMISSION, CONTROL AND DISCHARGE OF PRISONERS - 36. Female prisoners to be kept apartProvision

Male and female prisoners must be kept apart by confining them in separate prisons or separate parts of the same prison, arranged to prevent, as far as practicable, any seeing, conversing or communication between them.

Section 36. Female prisoners to be kept apart Section Male and female prisoners shall be confined in separate prisons, or in separate parts of the same prison in such manner as to prevent, as far as practicable, their seeing or conversing or holding any communication with each other.
Section 36Verify source
§ 36AADMISSION, CONTROL AND DISCHARGE OF PRISONERS - 36A. Prisoners detained for terrorist activity, etc., to be kept apartOffence

The Commissioner must confine prisoners detained for terrorism-related or serious offences separately to prevent them seeing, conversing or communicating except with other prisoners convicted under the Prevention of Terrorism Act (Cap. 59B).

Section 36A. Prisoners detained for terrorist activity, etc., to be kept apart Section The Commissioner shall confine persons who are imprisoned for committing offences under the Prevention of Terrorism Act (Cap. 59B), or for committing serious offences in a separate prison or in separate parts of the same prison in such manner as to prevent, as far as practicable, their seeing or conversing or holding any communication other than with a prisoner convicted of an offence under the Prevention of Terrorism Act (Cap. 59B). [Act No. 19 of 2014 , s. 32.]
Section 36AVerify source
§ 37ADMISSION, CONTROL AND DISCHARGE OF PRISONERS - 37. Prisoners may be removed to any prisonProvision

A prisoner may be removed from any prison to any other prison from time to time at the Commissioner’s discretion.

Section 37. Prisoners may be removed to any prison Section A prisoner may be removed from any prison to any other prison from time to time at the Commissioner’s discretion.
Section 37Verify source
§ 38ADMISSION, CONTROL AND DISCHARGE OF PRISONERS - 38. Removal of prisoners of unsound mindProvision

A medical officer may order that a prisoner believed to be of unsound mind be removed to and detained in a mental hospital; if the person in charge of that hospital considers the prisoner no longer of unsound mind they must notify the officer in charge of the sending prison.

Section 38. Removal of prisoners of unsound mind Section 38(1) Whenever a medical officer is of the opinion that any prisoner is of unsound mind, he may, by order under his hand in the form prescribed, direct that such prisoner be removed to any mental hospital in Kenya and be there detained, and such order shall be authority for the reception of the prisoner and for his detention in such mental hospital until removed or discharged as hereinafter provided. Section 38(2) Where any prisoner removed to a mental hospital under subsection (1) of this section is, in the opinion of the person in charge of such mental hospital, no longer of unsound mind, the person in charge as aforesaid shall notify the officer in charge of the prison from which the prisoner was removed, and the prisoner shall then be delivered into the custody of the officer in charge of that prison if still liable to be confined in prison, and if not so liable, shall be released. Section 38(3) Upon the expiration of the term of imprisonment to which he has been sentenced, the provisions of section 30 of the Mental (Treatment) Act ( Cap. 248 ) shall apply to any prisoner detained in a mental hospital under this section as if he were detained in accordance with a reception order made under Part VI of that Act. Section 38(4) The period during which the prisoner has been detained in a mental hospital under this section shall be reckoned as part of his term of imprisonment.
Section 38Verify source
§ 39ADMISSION, CONTROL AND DISCHARGE OF PRISONERS - 39. Removal of sick prisoners to hospitalProvision

Officer in charge may order removal of a sick prisoner to hospital (with medical advice normally; in emergencies without it); hospital medical officer must notify and hospitals must take precautions to prevent escape; hospital detention counts as part of sentence.

Section 39. Removal of sick prisoners to hospital Section 39(1) In the case of the illness of a prisoner detained in a prison in which there is not suitable accommodation for such prisoner, the officer in charge, on the advice of the medical officer, may order his removal to a hospital, and in case of emergency such removal may be ordered by the officer in charge without the advice of the medical officer. Section 39(2) Any prisoner who shall have been removed to a hospital under the provisions of this section shall be deemed to be under detention in the prison from which he was so removed. Section 39(3) Whenever the medical officer in charge of a hospital considers that the health of a prisoner removed to that hospital under this section no longer requires his detention therein, he shall notify the officer in charge of the prison from which the prisoner was removed and the officer in charge of that prison shall thereupon cause such prisoner to be returned to the prison if he is still liable to be confined therein. Section 39(4) Every reasonable precaution shall be taken by the medical officer in charge of a hospital and the persons employed therein to prevent the escape of any prisoner who may at any time be under treatment therein, and it shall be lawful for such officer and person to take such measures for the preventing of the escape of any such prisoner as may be necessary: Provided that nothing shall be done under the authority of this section which, in the opinion of the medical officer in charge of such hospital, is likely to be prejudicial to the health of such prisoner. Section 39(5) The period during which the prisoner has been detained in a hospital under this section shall be reckoned as part of his term of imprisonment.
Section 39Verify source
§ 40ADMISSION, CONTROL AND DISCHARGE OF PRISONERS - 40. Measures for further security of prisoners in hospitalOffence

The officer in charge may place a prisoner under hospital treatment into the custody of at least two fit persons (one of whom must stay with the prisoner day and night); those persons have authority to prevent escape and are answerable for safe custody until handover on discharge or until sentence expiry, whichever occurs first.

Section 40. Measures for further security of prisoners in hospital Section Where in any case from the gravity of the offence for which any prisoner may be in detention or for any other reason the officer in charge considers it desirable to take special measures for the security of such prisoner while under treatment in hospital, it shall be lawful for him to give such prisoner into the charge of fit and proper persons, not being less than two in number, one of whom shall always be with such prisoner day and night, and such persons shall be vested with full power and authority to do all things necessary to prevent such prisoner from escaping and shall be answerable for his safe custody until such time as he is handed over to the officer in charge on his discharge from hospital or until such time as his sentence expires, whichever shall first occur.
Section 40Verify source
§ 41ADMISSION, CONTROL AND DISCHARGE OF PRISONERS - 41. Removal of leper prisoners to leper settlements.Provision

Allows the Commissioner to order removal of a prisoner diagnosed as a leper to a leper settlement (subject to subsection (2)); requires the settlement's person in charge to certify continued necessity and to notify when necessity ceases; settlement staff must take precautions to prevent escape but not act in ways prejudicial to the prisoner's health; defines "leper."

Section 41. Removal of leper prisoners to leper settlements. Section 41(1) Where a medical officer reports to the Commissioner that a prisoner is a leper, the Commissioner may, subject to the provisions of subsection (2) of this section, by order in writing direct the removal of that prisoner to a leper settlement, there to be kept and treated until cured of his leprosy or until such time as he ceases to be liable to confinement in prison, whichever shall be the earlier. Section 41(2) No order shall be made by the Commissioner under subsection (1) of this section unless and until he has received notification in writing that the person in charge of the leper settlement to which he wishes to remove the leper prisoner is able and willing to receive such prisoner. Section 41(3) So long as any prisoner who shall have been removed to a leper settlement under this section shall remain therein and remain liable to confinement in prison, the person in charge thereof shall from time to time transmit to the officer in charge of the prison from which such prisoner was removed a certificate signed by him that it is in his opinion necessary that he should remain in such settlement. Section 41(4) So soon as, in the opinion of the person in charge of a leper settlement, it is no longer necessary that a prisoner who has been removed to such settlement should remain therein, he shall transmit to the officer in charge of the prison whence the prisoner was removed, if such prisoner is still liable to confinement in prison, a certificate stating that such necessity has ceased, and thereupon the officer in charge shall forthwith cause such prisoner to be returned to the prison; and, if not so liable, the prisoner shall be released. Section 41(5) Every reasonable precaution shall be taken by the person in charge of a leper settlement and the other persons employed therein to prevent the escape of any prisoner who may at any time be under treatment therein, and it shall be lawful for such persons to take such measures for the preventing of the escape of any such prisoner as may be necessary: Provided that nothing shall be done under the authority of this section which, in the opinion of the person in charge of such settlement, is likely to be prejudicial to the health of such prisoner. Section 41(6) For the purpose of this section, "leper" means a person suffering from active leprosy.
Section 41Verify source
§ 42ADMISSION, CONTROL AND DISCHARGE OF PRISONERS - 42. Prison officer not liable for escape of prisoners in hospital,etc.Provision

Prison officers and certain medical or settlement staff are not liable for a prisoner's escape from hospital or similar institutions unless specified conditions apply.

Section 42. Prison officer not liable for escape of prisoners in hospital,etc. Section If any prisoner escapes during such time as he is in any hospital, mental hospital or leper settlement, no prison officer shall be held answerable therefore unless such prisoner has been in the personal custody of such officer, and no medical officer, person in charge of a leper settlement or other person shall be held answerable therefor unless it is shown that he has helped such prisoner to escape or has wilfully neglected to take reasonable precautions to prevent his escape.
Section 42Verify source
§ 43ADMISSION, CONTROL AND DISCHARGE OF PRISONERS - 43. Labour of prisonersProvision

The Commissioner and officers have the power to direct prisoners' employment; a medical officer may order that a prisoner need not perform labour or only light labour when required by the prisoner's physical or mental condition.

Section 43. Labour of prisoners Section 43(1) Every prisoner under sentence of imprisonment with labour may be kept to labour, within or without the precincts of any prison, in such type of employment as the Commissioner may direct. Section 43(2) Every prisoner under sentence of imprisonment may be required to engage in such type of employment approved by the Commissioner as the officer in charge may direct. Section 43(3) A medical officer may order that a prisoner shall not be required to perform any labour, or any labour other than light labour, as the case may be, for such period as the physical and mental conditions of the prisoner may require. [Act No. 3 of 1969 , s. 8, Act No. 11 of 2017 , Sch.]
Section 43Verify source
§ 44ADMISSION, CONTROL AND DISCHARGE OF PRISONERS - 44. Employment of unconvicted criminal prisonersProvision

Prisoners must keep their cells and personal items clean; appellant prisoners must also perform labour as directed by the Commissioner with the Cabinet Secretary's approval.

Section 44. Employment of unconvicted criminal prisoners Section 44(1) Civil prisoners and unconvicted persons shall be required to keep their cells, precincts of cells, furniture, clothing and utensils clean; other employment may be given them at their own request. Section 44(2) Appellant prisoners shall be required to keep their cells, precincts of cells, furniture, clothing and utensils clean and to perform such labour as the Commissioner, with the approval of the Cabinet Secretary, may direct.
Section 44Verify source
§ 45ADMISSION, CONTROL AND DISCHARGE OF PRISONERS - 45. Release of prisonersProvision

The officer in charge must ensure prisoners are duly discharged as soon as they are entitled to release.

Section 45. Release of prisoners Section 45(1) The officer in charge shall be responsible for the due discharge of all prisoners immediately upon their becoming entitled to release. Section 45(2) No prisoner under treatment by the medical officer shall be discharged from prison except at his own request until, in the opinion of the medical officer, such discharge can be effected without danger to the health of such prisoner. Section 45(3) All prisoners shall be discharged before noon on the date on which they are entitled to be released, but should that date fall on a Sunday or a public holiday, they shall be released before noon on the day preceding that Sunday or public holiday.
Section 45Verify source

Part VII

REMISSION OF SENTENCE

§ 46REMISSION OF SENTENCE - 46. Remission of sentenceOffence

Section 46 allows the Commissioner to grant a further remission and entitles each prisoner on admission to be credited with the full amount of remission they would be entitled to at sentence end.

Section 46. Remission of sentence Section 46(1)(i) any remission granted result in the release of a prisoner until he has served one calendar month; Section 46(1)(ii) any remission be granted to a prisoner sentenced to imprisonment for life or for an offence under section 296(1) of the Penal Code (Cap. 63) or to be detained during the President's pleasure. Section 46(2) For the purpose of giving effect to the provisions of subsection (1), each prisoner on admission shall be credited with the full amount for remission to which he would be entitled at the end of his sentence if he lost no remission of sentence. Section 46(3)(a) spent in hospital through his own fault; or Section 46(3)(b) while undergoing confinement as a punishment in a separate cell. Section 46(4)(a) where the Commissioner considers that it is in the interests of the reformation and rehabilitation of the prisoner; Section 46(4)(b) where the Cabinet Secretary for the time being responsible for internal security considers that it is in the interests of public security or public order. Section 46(5) Notwithstanding the provisions of subsection (1) of this section, the Commissioner may grant a further remission on the grounds of exceptional merit, permanent ill-health or other special ground. [Act No. 18 of 2014 , Sch., Act No. 25 of 2015 , Sch.]
Section 46Verify source

Part VIII

COMPULSORY SUPERVISION ORDERS

§ 47COMPULSORY SUPERVISION ORDERS - 47. Compulsory supervision ordersOffence

Sections set rules for compulsory supervision orders: certain prisoners shall be subject to such orders; orders must be made on or before discharge; the Commissioner may revoke, vary, cancel, discharge and re‑make orders and must issue a certificate on revocation; a magistrate must issue a warrant on production of such a certificate and, after inquiry, commit the person to prison under the terms of subsection (4); cancellation frees the person from liability.

Section 47. Compulsory supervision orders Section 47(1)(a) shall, in the case of a prisoner who, having been sentenced to imprisonment on not less than two previous occasions, is serving a sentence of imprisonment for a term of or exceeding three years; and Section 47(1)(b) may in the case of any other prisoner where he considers it necessary or desirable in the interests of the rehabilitation of that prisoner so to do, Section 47(2) Every compulsory supervision order shall be made on or prior to the discharge of the prisoner in respect of whom it is made and shall be in such form and subject to such terms and conditions as may be prescribed. Section 47(3) Where the Commissioner is satisfied that any prisoner in respect of whom a compulsory supervision order has been made has, during the continuance in force of the order, been convicted of any offence or has contravened or failed to comply with any of the terms or conditions of his order, the Commissioner may revoke the order and issue a certificate to that effect which shall contain a statement of the amount of remission earned by the prisoner under section 46 of this Act immediately before the making of the order, and such certificate shall be conclusive evidence of its contents. Section 47(4) When any compulsory supervision order made under this section has been revoked the prisoner in respect of whom such order had been made shall, after undergoing any other punishment to which he has been sentenced, if any, undergo a term of imprisonment equal to a period of three months, or to the period of remission he had earned under section 46 of this Act, immediately before the making of the compulsory supervision order, whichever is the greater. Section 47(5) Where a compulsory supervision order has been revoked by the Cabinet Secretary, a magistrate shall, on production to him of a certificate of such revocation signed by the Commissioner, issue a warrant for the arrest of the person in respect of whom the compulsory supervision order had been made; and such person on being arrested shall be brought before that magistrate or any other magistrate having jurisdiction who, on being satisfied after proper inquiry that the person has been convicted of an offence or has contravened or failed to comply with any of the terms and conditions of his order, shall commit him to prison for the term provided in subsection (4) of this section. Section 47(6) Notwithstanding the provisions of subsection (1) of this section, the Commissioner may at any time discharge a prisoner undergoing a term of imprisonment under subsection (4) of this section, and at the same time make a further compulsory supervision order in respect of such prisoner. Section 47(7) The Commissioner may vary a compulsory supervision order, and if he considers that a person subject to a compulsory supervision order should be freed from all liability under this Act he may cancel the order, and the person shall thereupon be free from all such liability. [Act No. 8 of 1968 , Sch., Act No. 10 of 1981 , Sch.]
Section 47Verify source
§ 48COMPULSORY SUPERVISION ORDERS - 48.[Deleted by ActNo. 18 of 2014, Sch.]Provision

Section 48 has been deleted.

Section 48.[Deleted by ActNo. 18 of 2014, Sch.]
Section 48Verify source
§ 49COMPULSORY SUPERVISION ORDERS - 49. Release on paroleOffence

The Commissioner may release prisoners serving four years or more on parole within three months before their release date; the Commissioner or officer in charge may recall parolees at any time; failure to return or to comply with parole conditions is an offence with specified penalties including arrest and up to six months' imprisonment.

Section 49. Release on parole Section 49(1) Within three months of the date upon which a prisoner serving a sentence of or exceeding four years is due for release, the Commissioner may allow such prisoner to be absent from prison on parole for such length of time and upon such conditions as the Commissioner may specify. Section 49(2) The Commissioner or an officer in charge may at any time recall a prisoner released on parole. Section 49(3) Any prisoner who fails to return to prison in accordance with the conditions of his parole or when informed that he has been recalled under subsection (2) of this section may be arrested without warrant, and he shall be guilty of an offence and liable to the same punishment as if he had escaped from prison. Section 49(4) A prisoner who, when released on parole, contravenes or fails to comply with the conditions imposed upon him shall be guilty of an offence and liable to imprisonment for a term not exceeding six months.
Section 49Verify source

Part X

OFFENCES IN RELATION TO PRISONERS

§ 58OFFENCES IN RELATION TO PRISONERS - 58. TraffickingOffence

Prohibits conveying, supplying, hiding or placing for the use of any prisoner letters, documents, intoxicating liquor, tobacco, bhang or hemp, drugs, opiates, money, clothing, provisions or other articles.

Section 58. Trafficking Section conveys, supplies or causes to be supplied or conveyed to any prisoner, whether within or without a prison, or hides or places for the use of any prisoner, any letter or document, or any intoxicating liquor, tobacco, bhang or hemp, drug, opiate, money, clothing, provisions or any other articles whatsoever; or
Section 58Verify source
§ 59OFFENCES IN RELATION TO PRISONERS - 59. Prohibited articlesOffence

Any person who, without lawful authority, brings into or removes from a prison a "prohibited article" commits an offence punishable by up to six months' imprisonment or a fine not exceeding two thousand shillings, or both.

Section 59. Prohibited articles Section 59(1) Any person who without lawful authority brings or introduces in any manner into a prison a prohibited article, or who without lawful authority takes out or removes from a prison a prohibited article, shall be guilty of an offence and liable to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand shillings or to both such fine and such imprisonment. Section 59(2) For the purpose of this section, a "prohibited article" shall be any article contained in the list which shall be fixed in a conspicuous place outside every prison and shall be signed by the Commissioner or by the officer in charge on his behalf and shall contain a list of articles which the Commissioner has decided shall be prohibited. The list shall be written in English, Swahili and the language which the officer in charge considers to be the local vernacular.
Section 59Verify source
§ 60OFFENCES IN RELATION TO PRISONERS - 60. Seizure of prohibited articles, etc.Commencement

Prison officers may seize articles unlawfully in prison, and the officer in charge may order confiscation and declare them forfeited.

Section 60. Seizure of prohibited articles, etc. Section Whether or not any criminal or disciplinary proceedings are commenced against any person, any prison officer may seize any article found to be unlawfully in a prison and the officer in charge may order its confiscation and declare it to be forfeited.
Section 60Verify source
§ 61OFFENCES IN RELATION TO PRISONERS - 61. TrespassingOffence

It is an offence for any person to enter or remain inside a prison or place where prisoners work without lawful authority; refusal to leave can lead to arrest without warrant by a prison or police officer, and contravening subsection (1) or (2) carries up to three months' imprisonment or a fine up to five hundred shillings, or both.

Section 61. Trespassing Section 61(1) Any person who without lawful authority enters or remains within the boundaries of a prison or any place where prisoners are working shall be guilty of an offence and, if he refuses to leave when requested to do so, may be arrested without warrant by a prison officer or a police officer. Section 61(2)(a) takes a photograph of any prisoner; or Section 61(2)(b) takes a photograph or makes a sketch, plan or other representation of any object or person within the precincts of a prison, shall be guilty of an offence. Section 61(3) Any person who contravenes the provisions of subsection (1) or subsection(2) of this section shall be guilty of an offence and liable to imprisonment for a term not exceeding three months or to a fine not exceeding five hundred shillings, or to both such imprisonment and fine.
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§ 62OFFENCES IN RELATION TO PRISONERS - 62. Unlawful possession of prison articlesOffence

Anyone found possessing articles supplied to prison officers or prison property, who cannot account for them or who unlawfully acquires or helps a prison officer dispose of them, commits an offence punishable by up to six months imprisonment, a fine not exceeding two thousand shillings, or both.

Section 62. Unlawful possession of prison articles Section Any person who is found in possession of any article whatsoever which has been supplied to any prison officer for use on duty, or of any prison property, and who fails to account satisfactorily for the possession thereof, or who without lawful authority or excuse purchases or receives any such article or property from any prison officer, or who aids and abets any prison officer to sell or dispose of any such article or property, shall be guilty of an offence and liable to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand shillings or to both such imprisonment and such fine.
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§ 63OFFENCES IN RELATION TO PRISONERS - 63. Incitement and abetting of desertion, mutiny and seditionOffence

Section 63 makes it an offence for any person to procure, persuade, aid, abet, harbour, conceal, assist the rescue of, or otherwise incite mutiny, sedition or desertion of prison officers; penalties include up to one year imprisonment or a fine up to four thousand shillings for subsection (1) and up to two years or a fine up to six thousand shillings for subsection (2).

Section 63. Incitement and abetting of desertion, mutiny and sedition Section 63(1) Any person who by any means directly or indirectly procures or persuades, or attempts to procure or persuade, any prison officer to desert, or who aids, abets or is accessory to the desertion of any prison officer, or who, having reason to believe that any person is a deserter, harbours such deserter, or aids him in concealing himself, or assists in his rescue, shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or to a fine not exceeding four thousand shillings or to both such imprisonment and such fine. Section 63(2) Any person who directly or indirectly instigates, commands, counsels, or solicits any mutiny, sedition or disobedience to any lawful command of a prison officer to any other prison officer, or maliciously endeavors to seduce any prison officer from his allegiance or duty, shall be guilty of an offence and liable to imprisonment, for a term not exceeding two years or to a fine not exceeding six thousand shillings or to both such imprisonment and such fine.
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§ 64OFFENCES IN RELATION TO PRISONERS - 64. Harbouring prisonersOffence

Any person who knowingly harbours or employs a person under sentence of imprisonment and illegally at large is guilty of an offence and liable to up to two years imprisonment or a fine up to six thousand shillings, or both.

Section 64. Harbouring prisoners Section Any person who knowingly harbours in or about his house, land or otherwise, or who knowingly employs any person under sentence of imprisonment and illegally at large, shall be guilty of an offence and liable to imprisonment for a term not exceeding two years or to a fine not exceeding six thousand shillings or to both such imprisonment and such fine.
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§ 65OFFENCES IN RELATION TO PRISONERS - 65. General penaltyOffence

Where no penalty is specifically provided, any person who commits an offence under the Act or its rules is liable to a fine not exceeding two thousand shillings, or imprisonment for a term not exceeding six months, or both.

Section 65. General penalty Section Any person who commits any offence against this Act or any rules made thereunder shall, where no penalty is specially provided therefor, be liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
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Part XI

YOUTH CORRECTIVE TRAINING CENTRES

§ 66YOUTH CORRECTIVE TRAINING CENTRES - 66. Establishment of youth corrective training centreProvision

The Cabinet Secretary may, by notice in the Gazette, declare buildings or places to be youth corrective training centres and may similarly declare they cease to be such centres; youth corrective training centres are deemed prisons subject to subsection (2).

Section 66. Establishment of youth corrective training centre Section 66(1) The Cabinet Secretary may, by notice in the Gazette , declare any building, enclosure or place, or any part thereof, to be a youth corrective training centre for the purposes of this Act, and may, in like manner, declare that any youth corrective training centre shall cease to be a youth corrective training centre for the purposes of this Act. Section 66(2) No prisoner other than a person sentenced to corrective training in a youth corrective training centre under section 67 of this Act shall be detained in a youth corrective training centre. Section 66(3) Subject to subsection (2) of this section, every youth corrective training centre shall be deemed to be a prison for the purposes of this Act.
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§ 67YOUTH CORRECTIVE TRAINING CENTRES - 67. Corrective training may be ordered in certain circumstancesRepeal

Persons sentenced to corrective training in a youth corrective training centre are treated as prisoners for purposes of the Act, including remission of sentence.

Section 67. Corrective training may be ordered in certain circumstances Section 67(1)(i) if he has previously been detained in prison, a detention camp as defined in the Detention Camps Act (Repealed), an approved school as defined in the Children and Young Persons Act (Repealed), or a borstal institution as defined in the Borstal Institutions Act ( Cap. 92 ); or Section 67(1)(ii) if he has previously been sentenced to corrective training in a youth corrective training centre; or Section 67(1)(iii) for failure to pay any tax or rate under the Income Tax Act ( Cap. 470 ): Section 67(2) Every person sentenced to corrective training in a youth corrective training centre shall be deemed to be a prisoner for the purposes of this Act, including remission of sentence. [Act No. 8 of 1963 , s. 82, Act No. 23 of 1963 , s. 53, Act No. 10 of 1969 , Sch.]
Section 67Verify source

Part XII

Repeal

§ 68Repeal - 68.[Repealed by ActNo. 10 of 1998, s. 15.]Repeal

Section 68 was repealed by ActNo. 10 of 1998, s. 15.

Section 68.[Repealed by ActNo. 10 of 1998, s. 15.]
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Part XIII

MISCELLANEOUS

§ 69MISCELLANEOUS - 69. Manner of execution of persons sentenced to deathProvision
Section 69. Manner of execution of persons sentenced to death Section When any person is sentenced to death, he shall be hanged by the neck until he is dead and the sentence shall be carried out in such manner as the Commissioner shall direct.
Section 69Verify source
§ 70MISCELLANEOUS - 70. Appointment of prison ministersProvision

The Cabinet Secretary may appoint, by notice in the Gazette and from time to time, ministers or priests of any religious faith to serve as prison ministers.

Section 70. Appointment of prison ministers Section The Cabinet Secretary may, from time to time, appoint by notice in the Gazette ministers or priests of any religious faith to be prison ministers.
Section 70Verify source
§ 70AMISCELLANEOUS - 70A. RegisterProvision

The Commissioner must keep records (including personal data, biometrics, addresses, reasons and detention counts) of all prisoners in Kenya, ensure information security and confidentiality, and maintain an integrated biometric system to share information within the criminal justice system; the Cabinet Secretary may prescribe other particulars by Regulations.

Section 70A. Register Section 70A(1) The Commissioner shall maintain records of all prisoners detained in all prisons in Kenya. Section 70A(2)(a) personal data; Section 70A(2)(b) biometrics; Section 70A(2)(c) physical address; Section 70A(2)(d) postal address; Section 70A(2)(e) reasons for detention; Section 70A(2)(f) number of times detained; and Section 70A(2)(g) such other particulars as may be prescribed by the Cabinet Secretary in Regulations. Section 70A(3) The Commissioner shall ensure control and regulation of the information in the register, necessary safeguards for protection and confidentiality of the data or information contained in the registration and data serialization established, developed and maintained under this Act, including any database and networking infrastructure. Section 70A(4) The Commissioner shall maintain an integrated biometric system to enable sharing of information within the criminal justice system. [Act No. 19 of 2014 , s. 33.]
Section 70AVerify source
§ 71MISCELLANEOUS - 71. Standing orders for the guidance of prison ministersProvision

The Commissioner must frame standing orders to guide prison ministers; those prison ministers may receive prescribed remuneration or reimbursement of expenses.

Section 71. Standing orders for the guidance of prison ministers Section The Commissioner shall frame standing orders for the guidance of such prison ministers who may receive such remuneration or reimbursement of their expenses as may be prescribed.
Section 71Verify source
§ 72MISCELLANEOUS - 72. Appointment and powers of visiting justicesProvision

Section 72 appoints visiting justices: the Cabinet Secretary must appoint visiting justices by Gazette notice; certain local officials are ex officio visiting justices; visiting justices may inspect and visit prisons, carry out specified inspections and inquiries, appoint a chairman, act as a Board and report to the Cabinet Secretary; they must perform other duties as prescribed.

Section 72. Appointment and powers of visiting justices Section 72(1) The Cabinet Secretary shall, from time to time, appoint by notice in the Gazette fit and proper persons to be visiting justices for each prison. Section 72(2) The District Commissioner, the resident magistrate and all administrative officers in any district in which a prison is situate shall be ex officio visiting justices of that prison. Section 72(3) A visiting justice may at any time visit a prison in respect of which he is a visiting justice. Section 72(4) A visiting justice may inspect the several wards, cells, yards, punishment cells and other apartments and divisions of the prison, inspect and test the quality and quantity of the prisoners’ food, hear the complaint, if any, of any prisoner, and question any prisoner or prison officer, and shall ascertain so far as possible whether this Act, and the rules made thereunder, and the prison standing orders, are adhered to, and shall call the attention of the officer in charge to any irregularity that may be observed in the working of the prison or in the treatment of any prisoner confined therein, and shall exercise and perform such other duties as may be prescribed. Section 72(5) The visiting justices to any prison may appoint a chairman and may act as a Board of Visiting Justices and may, at the end of each year or at any other convenient time, render a report to the Cabinet Secretary on the state of the prison to which they are visiting justices.
Section 72Verify source
§ 73MISCELLANEOUS - 73. Power of Cabinet Secretary and judgesProvision

A Cabinet Secretary or a judge may at any time visit any prison, exercise powers of a visiting justice, and enter observations in a visitors’ book; the officer in charge must inform the Commissioner of observations entered.

Section 73. Power of Cabinet Secretary and judges Section 73(1) A Cabinet Secretary or a judge may at any time visit any prison and exercise all or any of the powers of a visiting justice, and may enter any observations he thinks fit to make in reference to the condition of the prison and the prisoners, in a visitors’ book to be kept for that purpose by the officer in charge; the officer in charge shall inform the Commissioner of any observations so entered in the visitors’ book. Section 73(2) Deleted by ActNo. 10 of 1983, Sch.
Section 73Verify source
§ 74MISCELLANEOUS - 74. Power to make rulesOffence

The Cabinet Secretary has the power to make rules concerning the listed matters relating to prisons and prisoners, and may make different rules for different classes or particular prisons.

Section 74. Power to make rules Section 74(1)(a) the classification of prisons and prisoners into categories, and their separation accordingly; Section 74(1)(b) the duties and responsibilities of prison officers, including the duties and responsibilities of particular classes of such officers; Section 74(1)(c) the disciplinary control of prison officers; Section 74(1)(d) the duties and powers of visiting justices; Section 74(1)(e) the duties of medical officers; the medical inspection of prisons and prisoners; and the prevention of contagious diseases in prisons; Section 74(1)(f) the safe custody, management, organization, hours, mode and kind of labour and employment, clothing, maintenance, instruction, discipline, treatment, restraint, correction and discharge of prisoners and the manner in which prison offences shall be tried; Section 74(1)(g) the provision of a suitable diet and dietary scales, including punishment diet for prisoners and prescribing the conditions under which such diet and scale may be varied; Section 74(1)(h) the construction, description, equipment and supervision of cells and wards; Section 74(1)(i) the payment of prisoners for work done while in prison; Section 74(1)(j) the establishment of a prisons rewards and fines fund and the method of administration of such fund by the Commissioner; Section 74(1)(k) the establishment of prisoners’ aid associations and societies in connection with discharged prisoners and the appointment of officers responsible for the aftercare of prisoners; Section 74(1)(l) the medical examination, measuring, photographing and taking of fingerprint impressions, footprints and casts thereof, palm prints or other records of prisoners, detained in any prison or otherwise detained in custody, including detailed personal statistics and histories, and for requiring full and truthful answers to all questions put to such persons with the object of obtaining such statistics and histories; and the person, if any, to whom such measurements, photographs, fingerprint impressions, footprints and casts thereof, palm prints or other records are to be sent or supplied; Section 74(1)(m) the disposal of products of prison labour; Section 74(1)(n) the disposal of prisoners’ property left unclaimed for a prescribed period, including its sale and the disposal of the proceeds of such sale; Section 74(1)(o) the manner in which the remission of sentences, including any period of public work under Part XII of this Act, shall be calculated; Section 74(1)(p) the manner in which petitions by prisoners to the President shall be presented; Section 74(1)(q) suitable diet and dietary scales or ration allowances for persons employed on public work under Part XII of this Act; Section 74(1)(qa) guidelines and parameters for engaging with partners or stakeholders of the Service; Section 74(1)(r) anything which by this Act may or is required to be prescribed, and generally for the good management and government of prisons and the prisoners therein whether in, about or beyond the limits of such prisons. Section 74(2) Notwithstanding anything to the contrary in this section contained, the Cabinet Secretary may make different rules in respect of different classes, categories or groups of prisons, prisoners or prison officers, or in respect of particular prisons. [ L.N. 124/1964, Act No. 21 of 1966 , 2nd Sch., Act No. 11 of 2017 , Sch.]
Section 74Verify source

Legislative relationships

7 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

  • any other punishment or punishments he is authorized by this Act

    Section 55

  • Criminal Procedure Code

    Sections 2, 33

G–M

1 instrument

  • Mental (Treatment) Act

    Section 38

N–S

3 instruments

  • Penal Code

    Section 46

  • Regulations Every prison officer must be subject to the provisions of the Code

    Section 16

  • Service The Kenya Prisons Service is composed of members appointed under the Act

    Section 3

T–Z

1 instrument

  • Terrorism Act

    Section 36A

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