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Plenary Session 2: Incarcerated Women Lady Justice Murugi G. Mugo Puisne Judge, High Court Of Kenya Family Division

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Kenyan correction and rehabilitation programmes for women

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Corrective and rehabilitative programmes in Kenya These programmes are governed by: The Constitution of Kenya 2010 The Penal Code Cap. 63 Criminal Procedure Code Cap. 75 The Prisons Act Cap. 90 Probation of Offenders Act Cap. 64 Community Service Order Act No. 10 of 1998 Borstal Act Cap. 92 Sexual Offences Act, No. 3 of 2006 Childrens Act No. 8 of 2001 Power of Mercy Act, No. 11 of 2011 Regional and International Instruments

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Key Players Office of the Vice President/ Ministry of Home Affairs The Police The Ministry of Justice The Judiciary The State Law Office The Kenyan Prisons Service (KPS) Directorate of Probation Services The Community

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The Judiciary Acts as the launching pad of the process, being the entry point at which persons needing correction and rehabilitation come face to face with the reality of this need. Mandate: As encapsulated in Articles 2 and 159 of the Constitution of Kenya, 2010 To administer justice through trial procedure To ensure the rule of law is applied in relation to criminal justice To ensure access to justice Hon. C.J. Dr Willy Mutunga visits Nairobi Remand Prison

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The Judiciary Mandate (Contd.) Constitutional interpretation and protection of rights and liberties for all Probate and administration Formulation and implementation of judicial policies Compilation and dissemination of legal information for effective administration of justice Nairobi High Court

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Incarceration of women Several issues come into play: Health Age Marital status Mental Status Children Dependants Future prospects Case study: Jennifer Achieng Owino versus Republic High Court of Kenya at Kisumu, Revision No. 38 [2007] (Mugo., J)

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Approaches to correction and rehabilitation TRADITIONAL APPROACH Prisons are expected to confine the prisoners in conformity with the committal orders: A.Unconvicted Prisoners Warrant; Ensure court attendance; B.Convicted Prisoners Warrant; Fulfil all conditions of confinement. MODERN APPROACH Change in both attitude and modus operandi to ensure inmates human rights and dignity are preserved and upheld Gender sensitivity Special Needs

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Challenges facing incarcerated women Congestion Nutrition Loneliness Violence Diminished Self-esteem Health and well-being Maternal care Others Langata Womens Prison Maternity Ward

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Factors that impinge upon correction and rehabilitation of women offenders Legal bottle-necks Self incrimination Social and family obligations Discrimination Stereotyping Stigmatization Poverty Others

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Ongoing measures to support incarcerated women (Kenya) Judicial reforms towards expeditious and effective justice Police reforms (e.g. Independent Police Oversight Authority [IPOA]) Reforms at State Law Office (prosecution) Probation Service reforms Prisons reforms (e.g. infrastructure, capacity, living conditions)

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Inroads made towards restorative justice Great strides made by the KPS in prison reforms in collaboration with the following stakeholders: Office of the VP/ The Ministry of Home Affairs (mainstream) The Judiciary The Police The Probation Office Civil Society

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Improvements Open Door Policy Decent uniforms Wholesome meals Clean cells New buildings Family bonding opportunities (Remote Parenting) Value-enhanced vocational training / re-entry initiatives Children wait to see their parents inside prison

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Improvements Recreation Pastoral care Education and training Corporate Social Responsibility Improved Persons with Disability (PWD) Care Improved Health Facilities (Maternity, VCT, Nursery,) Social interaction outside prison Langata Womens Prison Thanksgiving Day Celebration at All Saints Cathedral, Nairobi

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Female inmates attend class at Langata Womens Prison; notice that the teacher is a uniformed prisons officer

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Inmates at a Computer class at Langata Womens Prison

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Vocational Training: Dress making as an offender rehabilitation and re-entry initiative

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Remote Care: Children visiting their mothers in Langata Women's Prison

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Langata Womens Prison Inmates and Wardens celebrating International Womens Day

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Vocational Training: Vice President Hon. Stephen Musyoka sampling a cake made by inmates at the Langata Womens Prison

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Improved health conditions: Chief Justice, Dr. Willy Mutunga visits inmates at a refurbished prison Hospital (Industrial Area Prison)

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Alternatives to incarceration and post-incarceration services Bail/ Bond Probation (non-custodial sentence) Community Service Orders After-care Services Re-integration

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Conclusion Kenyas corrective and rehabilitative programmes have undergone tremendous improvement and the country prides itself in having the most developed community based rehabilitation programmes for women in Africa which compares very well with the rest of the world.

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Church House Conference Centre London