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Advances in Social Sciences Research Journal – Vol.7, No.7
Publication Date: July 25, 2020
DOI:10.14738/assrj.77.8652.
Njoroge, P., Mwagi, W., & Omboto, J. (2020). Effects Of Prison Reforms On Reformation Of Inmates In Nyandarua County Prisons,
Kenya. Advances in Social Sciences Research Journal, 7(7) 630-639.
Effects Of Prison Reforms On Reformation Of Inmates In Nyandarua
County Prisons, Kenya
Pauline Njoroge
Department of Peace, Security and Social Sciences,
Egerton University, Njoro, Kenya.
Wokabi Mwangi
Department of Peace, Security and Social Sciences,
Egerton University, Njoro, Kenya.
John Omboto
Department of Peace, Security and Social Sciences,
Egerton University, Njoro, Kenya.
ABSTRACT
This paper uses data collected for an MA Thesis on effects of prison
reforms on reformation of inmates in Nyandarua County prisons, Kenya.
This study has been necessitated by the need to make the penal system
fair and effective. As has been revealed by this study, despite
undertaking prison reforms, the attempt to improve the harsh prison
conditions has created other problems that negate the reformation and
rehabilitation of offenders. The study sought to investigate the effects of
prison reforms on reformation of inmates in prisons with a focus on
examining the existing prison reforms that have been undertaken in
prisons since 2001, the effects of prison reforms on the reformation of
prisoners, how Prison reforms have negated the reformation of
prisoners, and mechanisms that were in place in prisons to control the
negative effects of prison reforms. Major research findings obtained
revealed that, though reforms have been implemented, a good portion
of the reforms remained un-implemented. This may be explained by the
fact that the prison authorities themselves did not put in place
deliberate measures to rehabilitate inmates. Besides, there were gaps in
the marketability of the skills that the prisoners acquired while in
prison. The study noted the upsurge of prison crimes such as substances
and drug abuse, rape and sodomy, and prisoner violence/assaults
against other prisoners. The study recommends promotion of prison
staff because they are the first line of defense in terms of government
reformation efforts. Their stronger good will counts in any prisons
reformation agenda. The study recommends constant review of prison
education and training programmes to conform them to current job
market skills for smooth re-integration of prisoners back into the
society.
Key words: Prison; inmates; reformation.
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INTRODUCTION
This study sought to investigate the effects of prison reforms on reformation of inmates in prisons
in Nyandarua County, Kenya. The study was motivated by the need for new interventions to help
curb the negative effects of prison reforms on the reformation of inmates. Ideally, prison reforms
are attempts at improving conditions inside prisons by enhancing fairness and effectiveness of the
penal system, implementing alternatives to incarceration, ensuring offenders are held accountable,
sentences are proportionate to the committed crime and offenders are not only punished but
rehabilitated [1].
Prison reforms strategy bear a raft of initiatives that include noncustodial alternatives, improved
prisons’ conditions, eradicating prisoners’ torture and cruelty, and instituting child-friendly
criminal justice systems. The mostly colonial-era dated African prisons only bear basic features but
suffer shortages of food, bedding, recreation facilities, medical care and supplies, and, in addition,
treatment and/or torture of inmates [2].
In mitigation, the mid-1990s saw both the Non-Governmental and Governmental organizations
push for prison reforms with a core concern on human rights abuses especially because
overcrowded prisons were cited to escalate human rights abuses. In this regard, several strategies
aimed at protecting prisoners’ rights were rolled out throughout the continent, which included
adoption of national mechanisms for alternative sentencing, collaboration between nations for
oversight and policy commitments to reform [3].
Kenya’s prison reforms were introduced in 2003 with an aim of improving the deplorable living
conditions for both prisoners and wardens, and to reduce overcrowding [4]. The proceeding 10
years witnessed concerted efforts to achieve the reform agendas in form of decongesting prison [5],
improving management of the justice sector, inter-agency collaboration, improving living
conditions in prisons and embracing openness and collaboration among different stakeholders [6].
Arguably, partial reforms achieved are evidenced by prisons that are more open to the public,
improved diet and introduction of new uniforms. Attempts have been made to decongest prisons
too through committal to community service for petty offences [1]. However, according to (Omboto,
2013), [7] the concerted reform efforts from diverse stakeholders have led to unintended
shortcomings that negate on the reformation agenda that include the rarely published crime within
prison.
Kenya prison reforms agenda includes strategies such adequate food, clothing and housing for
inmates, visiting of prisoners, and rights to consult lawyers, business associates and relatives
without undue harassment and baseless suspicion [4]. However, seven years after the reforms, a
report on Thika prison revealed persistent inhuman and degrading treatment as well as
overcrowding under deplorable prison conditions, without internal toilet or shower. Prison Cells
lacked a drainage system, floors had potholes that trapped water and bred insects, and there was
poor ventilation while toilet paper, soap, toothbrush, or towels were not supplied [8].
Studies related to prison reforms in Kenya exposed challenges of rehabilitation and reformation
mandate of prisons due to abuse of drugs and substances by inmates, and the consequential
indiscipline and infractions [7]. Prison indiscipline and riots are common too and these have been
occasioned by impromptu searches on inmates’ belongings, inhumane living conditions and delayed
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Njoroge, P., Mwagi, W., & Omboto, J. (2020). Effects Of Prison Reforms On Reformation Of Inmates In Nyandarua County Prisons, Kenya. Advances in Social
Sciences Research Journal, 7(7) 630-639.
URL: http://dx.doi.org/10.14738/assrj.77.8652 632
justice, poor management style by the prison authorities and strict punishment imposed on
prisoners by the prison authorities [9].
A 2009 prison assessment report by Kenya National Commission on Human Rights [10] pointed to
torture, degrading and inhuman treatment, unsanitary conditions and extreme overcrowding in
prisons. The prison staff routinely beat and assaulted prisoners while prisoners were sometimes
kept in solitary confinement far longer than the legal maximum of 90 days [11]. The Bureau of
Democracy, Human Rights and Labour’s 2013 report on prisons showed that incidences of human
rights abuses persisted with some staff working and living in deplorable conditions while
overcrowding was prevalent in prisons [11].
Prison officers who are entrusted with the responsibility of reforming the prisoners are another
major factor that contributes to prison reforms. Prison staff should be people of integrity, well- educated and specifically trained for their job [4]. Further, they should have an in-depth
understanding of human behavior, human motivation, human worth and human destiny for them
to rehabilitate the offenders [4].
Professionals such as psychiatrists, psychologists, pastors, professional counselors, social workers,
sociologists, criminologists and other social scientists should comprise the uniformed officers in
order to make positive changes in the human mind where criminality is fostered [12]. Prisoners’
reformation, therefore, entails a multi-disciplinary approach by various professionals. This study
aimed at establishing the levels of education, skills and training of prison officers entrusted with
responsibility of reforming the prisoners.
These statuses at a time when reforms have been on for close to two decades cast an image of a
drifted reform process and thus the need to conduct a study on the problem so as to provide much
needed empirical insight and to alleviate any more undesirable outcome. This study, therefore,
aimed at investigating the effects of prison reforms on reformation of inmates in the two prisons in
Nyandarua County, Kenya. These prisons are the colonial era’s Nyahururu Thompson’s Falls Prison
in Nyahururu Town and a very recent Nyandarua Salient Prison in Nyandarua west Sub County
formed after the devolved county units.
PROBLEM ANALYSIS
Prison crimes and indiscipline take various forms such as arrogance by the inmates and
disobedience towards prisons staff, strikes, food boycotts, refusal to be searched, disobeying other
lawful orders, fighting Prison staff, and rampant drug and substance abuse particularly the abuse of
cannabis sativa. They are global phenomenon that affect both developing and developed countries.
This is against a background of prison reforms, which though were envisioned to improve harsh
prison conditions, have resulted into unexpected outcomes that negate on the reformation and
rehabilitation of offenders.
In some situations, inmates’ indiscipline spikes beyond pre-reforms eras in terms of both severity
and the frequency, a situation made worse by use of smuggled mobile phones that inmates use to
communicate with the outside world and subsequently commit crimes related to mobile telephony.
Research findings indicate that cases of inmate indiscipline in Kenya that were non-existent in the
pre-reform era preceding the year 2000 became day to day occurrences in the reform era extending
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from 2008 to the present. This paradoxical turn of events has rendered the situation a research
matter requiring a determination of whether the prison reform process is on course or whether it
has drifted onto an un-anticipated tangent and thus needing corrective measures.
There is, however, limited and inconclusive empirical research on the impact of prison reforms on
reformation of prisoners in Kenya generally, and within Nyandarua County in particular. This study,
therefore, investigated the effects of prison reforms programs by examining the current status of
prison reforms in Prisons in Nyandarua County, Kenya post 2001 when reforms began, the study
explored the effects of prison reforms on the reformation of prisoners, assessed possible existence
of negative outcomes on reformation of prisoners and examined mechanisms that were in place to
control the negative effects of prison reforms.
METHODOLOGY
Descriptive survey design was adopted for the study. The target population of this study was both
uniformed and non-uniformed 242 prison staff members, as well as 674 inmates incarcerated in the
two prisons in Nyandarua County, Kenya. Out of these, a sample of 63 prison staff and 165 inmates
was drawn. Researcher administered questionnaires and key informant interview guide were used
to collect primary data.
Qualitative data focused on responses on the existing prison reforms, the effects of prison reforms
on the reformation of prisoners, how prison reforms have negated the reformation of prisoners in
Nyandarua County prisons, and the mechanisms in place aimed at controlling the negative effects
of prison reforms.
Quantitative data collected from the closed-ended interview items were tallied and analyzed using
the Statistical Package for Social Sciences (SPSS) version 23 to generate percentage, frequencies,
descriptive and inferential statistics.
ANALYSIS
The study revealed that prisons had undergone a number of reforms. Following these reforms,
inmates had increased access to three meals a day. In addition, almost half of the inmates reported
that prisoners are now treated in a humane and dignified manner, 70 percent revealed that
prisoners have access to legal aid in support of their cases, prisoners are visited regularly by friends
and relatives (67.3%). However, this contradicts Chepkemoi (2011) [13] study findings that showed
most female inmates in the prisons had no personal visits from their children since their admission
and as such.
The forced separation between mother and child resulted in permanent termination of the parent- child relationship. It was also noted that the public is regularly invited to prison events (65.5%) a
finding that supports Ngare (2009) [14] that due to participation of community members and
implementation of the open door policy, notable reforms were experienced in education and
recreational programs.
Further, prison reforms had brought about training in employable skills for the inmates (39.4%),
inmates engagement in recreational activities and engagement in trade exhibitions and trade shows
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Njoroge, P., Mwagi, W., & Omboto, J. (2020). Effects Of Prison Reforms On Reformation Of Inmates In Nyandarua County Prisons, Kenya. Advances in Social
Sciences Research Journal, 7(7) 630-639.
URL: http://dx.doi.org/10.14738/assrj.77.8652 634
for the inmates among other benefits. Table 1 presents the nature of reforms in prisons domicile in
Nyandarua County.
Table 1: Nature of prison reforms
Statement Strongly
Disagree Disagree Not
Sure Agree Strongly
agree
Prisoners access three meals a day % 7.3 16.4 38.2 29.1 9.1
f 12 27 63 48 15
Prisoners access adequate clothing % 0.0 61.8 23 9.1 6.1
f 0 102 38 15 10
Prisoners are treated in a humane
and dignified manner
% 0.0 17.6 32.7 39.4 10.3
f 0 29 54 65 17
Inmates are engaged in recreational
activities
% 24.8 18.2 28.5 26.7 1.8
f 41 30 47 44 3
Prisoners access timely medical
assistance for injuries and ailments
% 21.2 30.3 26.7 21.8 0
f 35 50 44 36 0
Prison staff and inmates access
adequate housing
% 17.6 21.8 35.8 17 7.9
f 29 36 59 28 13
Prisoners access legal aid in support
of their cases
% 8.5 11.5 9.7 40 30.3
f 14 19 16 66 50
Prisoners access training in
employable skills in this prison
% 10.3 42.4 7.9 31.5 7.9
f 17 70 13 52 13
Prisoners are visited regularly by
friends and relatives
% 3.6 26.7 2.4 40.6 26.7
f 6 44 4 67 44
The public are regularly invited to
prison events
% 7.9 12.1 14,5 58.2 7.3
f 13 20 24 96 12
Prisoners engage in trade
exhibitions and trade shows
% 20.6 43 12.7 20.6 3
f 34 71 21 34 5
There was general agreement among the prison staff that there were reforms in the prisons. Most
notable were the access to timely medical care (57.1%), improved medical care for prisoners
(61.9%) and that prison inmate visits are now conducted in an orderly and civilized manner (73%).
On the other hand, 61.9% indicated that prisons have not been able to significantly boost the supply
of housing for staff members, that housing for prison staff is not supplied with utilities such as water,
electricity and sanitation facilities (50.8 %) and prison staff are unable to access training and skills
development (74.6%).
The second objective sought to explore the effects of prison reforms on the reformation of prisoners
in the prisons in Nyandarua County, the findings revealed that prisoners still lack conducive living
conditions as reported by 44.4% of the prison staff and 32.7% of the inmates. Though some physical
infrastructure have been put up, it is not adequate. This further suggests that there is need for the
prison authorities to consider putting up more physical infrastructure. This finding collaborates
with an earlier study by Nyawira (2019)[15] that found that Kenyan prisons are characteristic of
overcrowding, inadequate cells and facilities, poor and monotonous diet, shortage of water and
washing facilities, limited training and educational facilities as well as poor health conditions.
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Access to health for prisoners is a critical service for the prison service. Prisoners in the institutions
under study reported that they are not able to access medical assistance for injuries and ailments
in a timely manner. Majority of inmates are able to access training in skills even though there are
reservations on the applicability and employability of the skills acquired in prison. As noted, prison
education should also provide employment opportunities, hence help in transformation of inmates’
life, and as a result enhance smooth transition to society [16].
The third objective aimed at assessing how prison reforms have negated the reformation of
prisoners in the prisons. Generally, prison reforms have had some negative effects on the
reformation of inmates. For instance, the effect of prison reforms on the rate of drugs and substance
abuse according to the results was increasing (65%). On rape/sodomy, 53.3% of the inmate
respondents were not sure if the reforms had affected the rates of rape and sodomy in the prisons
while 45.5% claimed that the rate had not changed despite the reforms. Moreover, staff and inmates
agreed that the rate of absconding searches during inspections had not changed even with the
prison reforms.
The rate of disobeying lawful orders by prisoners was on the rise according to 71.4% of the staff
despite the inmates observing that occurrences of prisoners disobeying lawful orders had
decreased. Majority of staff responses showed that there was no change on the rate of violence
within the prisons while inmates’ responses indicated that the rate of violence in prison was
increasing. The assaults towards staff in prison had dropped according to 36.5% of the staff and
55.2% of the inmates.
There was a feeling that prison reforms had not effected any changes in the cases of violence of
prisoners against fellow inmates with 36.5% of the staff and 17.6% of the inmate observing that the
reforms had resulted in a rise in cases of inmate violence towards fellow inmates. Instances of
refusal by prisoners to eat food provided to them majorly had remained the same. Table 2 presents
the status of prison crime after reforms.
Table 2: Status of Prison Crime after Reforms (inmates’ perceptions)
Statement Not Sure Decrease No change Increased
Substances and
drugs abuse
% 17 25.5 18.2 39.4
f 28 42 30 65
Rape/sodomy % 53.3 6 45.5 0.6
f 88 1 75 1
Fights % 41.2 15.2 27.9 15.8
f 68 25 46 26
Assaults towards
Staff
% 17.6 55.2 13.3 13.9
f 29 91 22 23
Violence towards
fellow inmates
% 26.7 38.2 17.6 17.6
f 44 63 29 29
Food boycott % 44.8 1.2 53.9 0
f 74 2 89 0
Training boycott % 31.5 3.6 52.1 12.7
f 52 6 86 21
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CONCLUSIONS
The study found that though reforms have been implemented, a good portion of the reforms
remained un-executed. Successes of reforms included adequate diet, humane and dignified
treatment of prisoners, and access to education and training. Friends and relatives regularly visited
prisoners in an orderly and civilized manner while public and prisoners’ relatives were regularly
invited to participate in prison activities and events. However, reforms had not enabled prisoners
to access adequate clothing and engagement in recreational activities or physical fitness exercises.
On the effect of prison reforms on prisoners, the inmates’ living conditions in terms of their housing
had not improved and more physical infrastructure was needed. Additionally, prisoners in the
institutions under study were not able to access medical assistance for injuries and ailments in a
timely manner as well as improved medical care. They were however granted bail and accessed
legal aid as a right to them. There were gaps in the marketability of the skills they acquired while
not all the prisoners participated in sporting activities. They were visited by friends and relatives in
an orderly manner and were able to interact with the outside world too. There were improved
public perceptions and relations with the prisons service.
The study further revealed that the prison reforms had negated the reformation of prisoners. For
instance, proportion and severity of some vices had remained the same or increased despite the
reforms. Those whose levels increased include substances and drug abuse, rape and sodomy, refusal
to be charged, inmates’ arrogance and disobeying lawful orders.
Crimes which levels remained the same included fighting, violence towards fellow inmates and
boycotting food. Other undesirable outcomes included the thought that making the penal
institutions less punitive was drawback since ex-convicts would prefer getting back to prisons since
they were more humane and friendly. Another issue cited was increased human rights activism that
could result to more inmates’ violence, strikes and boycotts and some inmates taking advantage of
the available privileges, to abscond duties tactfully. There was increased staff-inmate conflicts and
poor reintegration of ex-convicts into the society.
In order to control the negative effects of prison reforms, it was suggested that counseling education
and training be put in place. Other suggestions included provision of incentives to prisoners, non- custodial sentencing and prisoners’ transfers and the active involvement of prison staff in the
control of prison crimes. Others include routine creation of awareness on prison reforms,
administrative changes, putting a check on corruption, increasing funding, personnel and
equipment, enforcement of removal of corporal punishment and prisoners’ timely transfers.
It was further noted that there was need for job promotion of prison staff and their training and
development, providing tools and equipment for their work and gaining of a stronger good will and
extra emphasis on both staff and inmate welfare.
The study recommended that the prison administrators should encourage prisoners to engage in
recreational, health and physical fitness and sporting activities; ensure that inmates are able to
access medical assistance for injuries and ailments in a timely manner, as well as provide more
housing to both inmates and staff members, ensuring that staff houses have adequate utilities such
as water, lighting and sanitation.