Addressing legislative and operational deficiencies: strengthening the capacitation of probation officers in Kenya

Abstract

This dissertation analyses the framework and implementation voids which diminish capacitation of probation officers in Kenya. Probation orders are established and governed by Cap 64, the Probation Services Act of 1943. This Act does include subsidiary legislation, few pages within the Act limited to the operations of the probation committees and the duties of a probation officer. The latest amendments, in 2002 served to further clarify on said duties and amend a few terms but nothing is provided for the qualifications, requirements and proper training of probation officers. For officers tasked with integrating offenders back into society, the law should specifically provide for their job requirements and consistent training modules so as to empower them to work more effectively as well as to help them grow in that career field. South Africa has been able to achieve this in their Probation Services Act, No. 116 of 1991, and the resultant regulations by including qualifications and powers not only of the probation officers themselves but also for the volunteers. Utilising the strengths in South Africa’s probation legislations as well as relevant international policies and guidelines and scholarly work, this study shall investigate the shortcomings of Kenya’s probation operations; from the vagueness in the relevant legislations, insufficient training to the shortage of funds. The findings suggest enactment of subsidiary legislation that details qualifications of a probation officer, provides for their training before and after entry into duty and proper allocation of resources to improve their efficiency and consequently aiding in the reduction of recidivism and prison overcrowding, overall working towards achieving constitutional goals of justice.