Abstract
International Organizations such as the Council of Europe and the United Nations have developed several legal provisions on prisoners’ rights. These liberal rules are intended to improve how various actors handle incarcerated offenders in the criminal justice system. Local legislations have similarly been developed by various countries to protect and safeguard the right of prisoners. This review will examine various international legal provisions and the local statutory requirements available under the Kenyan justice system. In particular, the requirements of the United Nations Standard Minimum Rules for the Treatment of Prisoners (UNSMR) will be examined and compared to various local legal provisions in the Penal code and the Prisons Act (CAP 90 of the Laws of Kenya). Additionally, the examination will cover some of the challenges that hinder the effective implementation of local and international rules on prisoners’ rights in the Kenyan context.
Highlights
An evaluation of various international statutes and local legislation on prisoners’ treatment raises essential questions about the notion of rights and how they are conceptualized and executed by multiple actors in the Kenyan context
The historical objective of incarceration has included penitence, deterrence, containment, and rehabilitation, the application of these philosophies has been fraught with challenges
The provisions of the United Nations Standard Minimum Rules for the Treatment of Prisoners (UNSMR) regarding the treatment of inmates apply in Kenya
Summary
An evaluation of various international statutes and local legislation on prisoners’ treatment raises essential questions about the notion of rights and how they are conceptualized and executed by multiple actors in the Kenyan context. The provisions of the United Nations Standard Minimum Rules for the Treatment of Prisoners (UNSMR) regarding the treatment of inmates apply in Kenya. Central to the right of prisoners, the UDHR provides that no person shall be subjected to, among others, arbitrary arrest and detention [5].
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